Ordinance No. 10701
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ORDINANCE NO. 1070
AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF VERNON FURTHER 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;
I 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
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Council's intent of preserving sufficient properties for
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, Interim Ordinance No. 1061, by its terms, was
effective for a period of 45 days, and was extended by Interim
Ordinance No. 1062, adopted April 28, 1998, for a period of 10
months and 15 days; and
WHEREAS, Interim Ordinance No. 1061, as extended by
Interim Ordinance No. 1062, will expire on March 23, 1999, unless
further extended by this Ordinance; and
WHEREAS, the City Council believes it is in the interest
of the public health, safety and welfare to further extend the
moratorium on such subdivisions or reconfiguration of sites
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through lot -line adjustments declared by Interim Ordinance No.
1061 while the City completes its studies of these issues; 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
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 and extended for a period of
one year; and
WHEREAS, applications for certain projects filed on or
before March 24, 1998, the effective date of the moratorium, were
exempted from the moratorium, and it is the intent of the City
Council that such projects shall continue to be exempt during the
extension adopted by this Ordinance; and
WHEREAS, Samuel Kevin Wilson, Director of Community
Services and Water, has presented a report dated March 9, 1999 to
the City Council, which the City Council finds substantially meets
the requirements of Government Code S 65858(d) and which
recommends extension of the moratorium for a period of six (6)
months; and
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WHEREAS, a duly noticed public hearing on this Ordinance
was held by the City Council on March 16, 1999.
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: The moratorium established by Interim
Ordinance No. 1061, as extended by Ordinance No. 1062, is further
extended for six months, 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 Interim Ordinance No. 1062 and
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
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1 public safety, health and welfare and that the Ordinance is
2 further necessary to preserve and protect the present and future
3 character of the General Industry (M) and Heavy Industry (M-2)
4 zones of the City, for the orderly study of applicable planning
5 and zoning alternatives, and in order to permit the preparation
6 and implementation of the proper and necessary planning and zoning
7 amendments and controls.
8 SECTION 4: The City Council finds that additional facts
9 constituting urgency are as follows:
10 A. The subdivision of land, presently or formerly
11 occupied by a manufacturing or industrial use into smaller parcels
12 capable of supporting warehouse and other non -industrial uses, or
13 the approval of a lot -line adjustment having the same effect, will
14 result in the immediate and long-term loss of manufacturing and
15 industrial properties; and
16 B. The subdivision of land into such smaller
17 parcels, or the approval of a lot -line adjustment having the same
18 effect, would present the opportunity for concentrating warehouse
19 and other non -industrial uses in areas of the City incapable of
20 sustaining the increase in truck traffic typically associated with
21 such uses.
22 SECTION 5: The City Council hereby approves the report
23 dated March 9, 1999, prepared by the Director of Community
24 Services and Water, a copy of which has been presented to the City
25 Council concurrently with this ordinance, and the Council adopts
26 the same as the report required by Government Code § 65858(d).
27 SECTION 6: If any section, subsection, sentence, clause,
28 or phrase or word of this Ordinance is for any reason held to be
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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 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 16th day of March, 1999.
ATTEST , f
BRUCE V. MALKENHORST, City Clerk
Q.
EONIS C. MA4BURG, 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. 1070, was duly and regularly introduced at a regular
meeting of the City Council of the City of Vernon, held on
Tuesday, March 16, 1999, and thereafter was duly signed by the
Mayor of the City of Vernon, by the following vote:
(SEAL)
AYES: ALL Councilmen: Malburg, Ybarra
Gonzales, McCormick
NOES: NONE Councilmen:
ABSENT: ONE Councilmen: Davis
BRUCE V. MALKENHORST, City Clerk
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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 on the tX � day of March, 1999, I
did have posted three (3) copies of:
ORDINANCE NO. 1070 - An Interim Ordinance of the City
Council of the City of Vernon further 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
general circulation printed and published in the City of Vernon.
&'Ia� 0- Z�)�
Gloria J. Or co
Chief Deputy City Clerk
Date:
O ARON L. DUCKWOMN
COooAy O 0 )/6m&
NotayLOS ANGELES COUNir
My Comm. Expires JUN 9.1999
Subscribed and sworn to before
me this ,Z-� of Nk cxgc� 1999
Notary Public in and for the
County of Los Angeles, State of
California
NOTICE OF PUBLIC HEARING
TO CONSIDER AN
ORDINANCE FURTHER EXTENDING ORDINANCE NO. 1061
NOTICE IS HEREBY GIVEN that a public hearing will be held
before the City Council of the City of Vernon to consider an
ordinance further extending Ordinance No. 1061, adopted
March 24, 1998, which initially placed a 45 day moratorium on the
processing or approval of tentative maps, parcel maps and lot
line adjustments. Said moratorium was extended for 10 months and
15 days by adoption of Ordinance No. 1062 on April 28, 1998. The
proposed ordinance, if adopted by the City Council, would extend
the moratorium by a period of 6 months.
The hearing is scheduled for March 16, 1999 at 5:00 pm, or
as soon thereafter as the matter can be heard, in the City
Council Chambers located at 4305 Santa Fe Avenue, Vernon, CA
BRUCE V. MALKENHORST
City Administrator/City Clerk
d!pk 16,111-7e"
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AFFIDAVIT OF POSTINI
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF VERNON )
I, Bill Wilson, Engineering Aide of the City of
Vernon, do hereby certify that I did, on the 3ra
day of March, 1999 at 4:05 pm, post three (3) copies of:
NOTICE OF PUBLIC HEARING, to be held on
March 16, 1999,(see attached copy) regarding the adoption
of an Ordinance that would extend the moratorium on the
processing or approval of tentative maps, parcel maps and
lot line adjustments for a period of 6 months.
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 Boulevard and Pacific
Boulevard; 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 the City of
Vernon. 1
Date: 3 A`` 9
Bill Wilson, Engineering Aide
State of California )
) ss.
County of Los Angeles )
On ` %\g1Aq before me,
Notary Public, personally appeared Bill Wilson,
personally known to me (or known to me on the basis of
satisfactory evidence) to be the person whose name is
subscribed to the within instrument and acknowledged to
me that he executed the same in his authorized capacity,
and that by his 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
awuoa 4 ouaaMo�TM
ooM�. � �o►1o�s
wayX M cwsmw
c
My COMM. ExPkes JUN 9.1999
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 (323) 581-7924
DAVID B. BREARLEY
City Attorney
FAX: (626) 330-5818
KEVIN WILSON
Director of Community Services & Water
FAX: (323) 588-2761
CITY HALL
4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058
TELEPHONE (323) 583-8811
March 9, 1999
Honorable City Council
City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058
Gentlemen:
KENNETH J. DeDARIO
Director of Municipal Utilities
FAX: (323) 583-1983
DAVE TELFORD
Fire Chief
FAX: (323) 581-1385
BRUCE W. OLSON
Police Chief
FAX: (323) 583-5236
P-4
The City Council of the City of Vernon adopted Ordinance No.
1061 on March 24, 1998 placing a moratorium on the processing or
approval of tentative maps, parcel maps and lot line adjustments.
The City Council extended this moratorium by adopting Ordinance
No. 1062.
The City is concerned that Vernon's industrial base is
slowly being eroded and converted into distribution type uses.
The Community Services Department has studied various concepts of
how the General Plan goal of providing sufficient appropriate
locations for manufacturing and industrial uses could be
accomplished. It is apparent that in order to accomplish this
goal the City will have to consider making legislative changes
beyond those regarding subdivisions and lot line adjustments.
Some of the concepts being considered include: establishing
a minimum lot size; reducing the size of a warehouse use in the
M-Zone; establishing a new floor to area ratio; prohibition of
multi -tenant uses; allowing existing warehouse buildings in
excess of 75,000 square feet in size, the ability to convert back
and forth between warehouse and industrial uses; establishing new
zoning districts; the Redevelopment Agency purchasing contiguous
lots to be merged into one large industrial use; and other
programs.
The Community Services Department has been working with the
City Attorney's Office to determine if the conceptual legislative
changes are legally enforceable. Additional time is needed to
determine the final recommended code changes and gain concurrence
Honorable City Council -2- March 9, 1999
with the City Administrator.
The Notice of Public Hearing to extend the Moratorium and
Affidavit of Posting is attached.
It is recommended that Ordinance No. 1070 be adopted
extending the moratorium for an additional 6 months.
Res `eft lly� s mitted,
ue1 Kevin Wilson, P.E.
Director of Community Services & Water
SKW:ps
cc: City Attorney