Ordinance No. 10761 ORDINANCE NO. 1076
3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
VERNON AMENDING SECTION 5.45 OF ARTICLE IV OF
4 CHAPTER 5 OF THE CODE OF THE CITY OF VERNON,
CALIFORNIA, 1959, REGARDING A SPECIAL TAX ON
5 PARCELS OF REAL PROPERTY USED OR DESIGNED FOR
USE AS A WAREHOUSE, TRUCK TERMINAL, FREIGHT
6 TERMINAL, A RAILROAD FACILITY OR OTHER
DISTRIBUTION FACILITY; MAKING PROVISIONS FOR THE
7 ASSESSMENT, LEVY AND COLLECTION OF SAID TAX;
ESTABLISHING A DATE FOR AN ELECTION TO BE HELD
8 TO APPROVE THE LEVY OF SAID SPECIAL TAXES; AND
DECLARING THAT SAID ORDINANCE SHALL TAKE EFFECT
9 IMMEDIATELY
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11 WHEREAS, on January 6, 1998, the Vernon City Council adopted
12 Ordinance No. 1057, which among other things added Article IV to
13 Chapter 5 of the Code of the City of Vernon, California, 1959, which
14 established a parcel tax on warehouses, truck terminals, freight
15 terminals and other distribution facilities; and
16 WHEREAS, Ordinance No. 1057 was submitted to the electorate
17 and duly approved at the April 14, 1998, Municipal Election; and
18 WHEREAS, a substantial and increasing percentage of land area
19 in the City of Vernon is occupied by warehouses, truck terminals,
20 freight terminals and other distribution facilities, all of which
21 attract businesses which require improved right-of-ways and/or cause
22 disproportionately high wear and tear on public streets when compared
23 to manufacturers and other businesses in the City; and
24 WHEREAS, businesses occupying warehouses, truck terminals,
25 freight terminals and other distribution facilities typically generate
26 significantly less local tax and other revenue that might be used to
27 address such needs and impacts than do manufacturers and other
28 businesses; and
1 WHEREAS, the special parcel tax established by Ordinance No.
2 1057 was intended to equitably distribute the burden of generating
3 local revenue for construction, improvement and maintenance of
4 streets, bridges and other public rights -of -way among all businesses
5 in the City; and
6 WHEREAS, Ordinance No. 1057 established a maximum special tax
7 of $1.00 per 100 square feet of gross area of land and, pursuant to
8 resolution, the Vernon City Council subsequently imposed the maximum
9 special tax rate authorized by Ordinance No. 1057; and
10 WHEREAS, the small maximum parcel tax which is currently
11 authorized and which is currently in effect is not substantial enough
12 to deter trucking uses from entering the City or to offset the
13 detrimental effects that these businesses have on the City; and
14 WHEREAS, Article XIIIC of the California Constitution,
15 enacted by the passage of Proposition 218 by the voters of the State
16 at the statewide election held in November, 1996, authorizes a local
17 governmental agency to impose, extend or increase a special tax on
18 real property upon approval by a two-thirds vote of the electorate
19 voting on the issue at an election; and
20 WHEREAS, in order to distribute the burden of generating
21 local revenue for construction, improvement and maintenance of
22 streets, bridges and other public rights -of -way among all businesses
23 in the City in a more effective and equitable manner, the City Council
24 finds that it is necessary to increase the maximum parcel tax rate of
25 $1.00 for each 100 square feet of gross land area, which was
26 established by Ordinance No. 1057, to $20.00 for each 100 square feet
27 of gross land area; and
28 WHEREAS, refrigerated warehouses are typically large
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1 consumers of electricity and, therefore, contribute to the reserves of
2 the City of Vernon's Utilities Department, which generates interest
3 and a revenue stream for the City's General Fund; and
4 WHEREAS, certain warehouses have a large retail component
5 and, therefore, contribute sales taxes to the City's General Fund; and
6 WHEREAS, the refrigerated warehouses and those warehouses
7 which pay a sales tax to the City of at least .20G per square foot
8 during the fiscal year are providing a contribution which will offset
9 some of the detrimental effects that such businesses may have on the
10 City during that year and, therefore, will be exempted from the
11 special parcel tax for that year; and
12 WHEREAS, the increased special parcel tax to be imposed is a
13 flat -rate tax based upon the square footage of each parcel of real
14 property so used or improved, and is not to be levied or assessed on
15 an ad valorem basis; and
16 WHEREAS, it is the intent of the City Council that the
17 proceeds of the special parcel tax established by this ordinance be
18 for the specific purposes of funding construction, improvements and
19 maintenance of streets, bridges and other public rights -of -way,
20 including acquisition of land; and
21 WHEREAS, it is further the intent of the City Council that
22 the special taxes imposed by this ordinance be for the purpose of
23 raising revenue, not for the purpose of regulation; and
24 WHEREAS, Article XIIIC provides that the voters may establish
25 a maximum tax rate for special taxes, and that increases in taxes
26 which do not exceed said maximum tax rate do not require voter
27 approval; and
28 WHEREAS, Government Code §.53739(b), as amended by urgency
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1 legislation effective July 1, 1997, provides that an ordinance or
2 resolution presented for voter approval pursuant to Article XIIIC may
3 provide that the tax rate stated in the ordinance or resolution may be
4 adjusted for inflation pursuant to a clearly identified formula stated
5 in that ordinance or resolution, and that if the ordinance or
6 resolution is approved by the requisite number of votes at an election
7 held for that purpose, the governing board of the adopting local
8 government may thereafter impose the tax at any rate or amount that is
9 less than or equal to the inflation -adjusted maximum amount authorized
10 by the voter -approved ordinance or resolution; and
11 WHEREAS, it is the desire and intent of the City Council that
12 this ordinance, if approved by the voters, establish a maximum rate
13 for all of the special parcel tax which is the subject of this
14 ordinance, that the maximum tax rate be adjusted annually based upon
15 increases in the Consumer Price Index for All Urban Consumers (CPI-U),
16 All Items Index, Los Angeles -Anaheim -Riverside Area, as published by
17 the Bureau of Labor Statistics of the United States Department of
18 Labor, 1982-84 base year; and
19 WHEREAS, Section 4.3 of the Charter of the City of Vernon
20 allows an ordinance to be introduced and adopted at one meeting if it
21 relates to an election; and
22 WHEREAS, a Special Municipal Election in the City of Vernon
23 will be held on November 16, 1999; and
24 WHEREAS, the City Council desires to submit the taxes
25 established in this ordinance to the voters of the City for approval
26 pursuant to Article XIIIC of the California Constitution and
27 Government Code §§ 50076, et sea. and 53972, at sea. at the
28 November 16, 1999, Special Municipal Election.
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THE CITY COUNCIL OF THE CITY OF VERNON AND THE PEOPLE OF THE
I CITY OF VERNON HEREBY ORDAIN:
SECTION 1: The City Council of the City of Vernon hereby
finds and determines that the recitals contained hereinabove are true
I and correct.
SECTION 2: Section 5.45 of Chapter 5 of Article IV of the
Code of the City of Vernon, California, 1959, shall be amended to read
as set forth in Exhibit "A" attached hereto and incorporated herein by
this reference as though set forth at length.
SECTION 3: The City Council orders that the special taxes
and related provisions established herein be put to a vote of the
people at a Special Election to be held on November 16, 1999, said
election to be more formally established by resolution of the City
Council. Voters shall indicate their approval or disapproval of this
ordinance and the taxes and related provisions established by this
ordinance by voting "yes" or "no" on the following proposition:
Shall an ordinance entitled "AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF VERNON AMENDING SECTION 5.45 OF
ARTICLE IV OF CHAPTER 5 OF THE CODE OF THE CITY OF
VERNON, CALIFORNIA, 1959, REGARDING A SPECIAL TAX ON
PARCELS OF REAL PROPERTY USED OR DESIGNED FOR USE AS A
WAREHOUSE, TRUCK TERMINAL, FREIGHT TERMINAL, A
RAILROAD FACILITY OR OTHER DISTRIBUTION FACILITY;
MAKING PROVISIONS FOR THE ASSESSMENT, LEVY AND
COLLECTION OF SAID TAX; ESTABLISHING A DATE FOR AN
ELECTION TO BE HELD TO APPROVE THE LEVY OF SAID
SPECIAL TAXES; AND DECLARING THAT SAID ORDINANCE SHALL
TAKE EFFECT IMMEDIATELY" be approved and adopted?
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YES
NO
1 Said proposition shall be designated "Measure 'All' on the ballot
2 unless given a different designation by county election officials.
3 SECTION 4: The special taxes established by this ordinance
4 shall not be levied on any business or parcel unless and until said
5 taxes receive the approval of two-thirds of the votes cast by voters
6 of the City voting on this issue at the November 16, 1999 election.
7 SECTION 5: The City Council of the City of Vernon may, by
8 ordinance, amend, repeal, renumber or recodify any or all of the
9 provisions of Article IV of Chapter 5 of the Code of the City of
10 Vernon enacted by this ordinance, except that no ordinance imposing,
11 extending or increasing the taxes established by this ordinance shall
12 be effective unless approved by the voters if required pursuant to the
13 law applicable at the time of such action.
14 SECTION 6: The renumbering of any article or section of the
15 Code of the City of Vernon shall not constitute a change in its intent
16 or purpose, and it shall have the same effect and enforceability as if
17 it had never been renumbered. Any Code section numbers not used shall
18 be reserved for future use.
19 SECTION 7: If any section, subsection, sentence, clause,
20 phrase or word of this ordinance is for any reason held to be invalid
21 or unconstitutional, such decision shall not affect the validity of
22 the remaining portions of this ordinance; it being the intention of
23 the City Council of the City of Vernon to pass and adopt this
24 ordinance and each section, subsection, sentence, clause or phrase
25 thereof irrespective of the fact that one or more of the sections,
26 subsections, clauses, sentences or phrases thereof may be declared to
27 be invalid or unconstitutional.
28 SECTION 8: There being no newspaper printed, published or
1 circulated in the City of Vernon, the City Clerk is hereby directed to
2 certify to the passage of this ordinance and shall post the same, or
3 cause the same to be posted, within fifteen (15) days after its
4 passage in accordance with Section 36933 of the Government Code, in
5 three (3) of the most public places in the City of Vernon, to wit:
6 the northwest corner of 38th Street and Santa Fe Avenue, the northeast
7 corner of Leonis Boulevard and Pacific Boulevard, and on the bulletin
8 board in the lobby of the City Hall of said City, located at 4305
9 Santa Fe Avenue, all in the City of Vernon, County of Los Angeles,
10 State of California.
11 SECTION 9: Pursuant to Chapter 4.3(a) of the Charter of the
12 City of Vernon, this ordinance shall be introduced and adopted at one
13 regular or special meeting of the City Council and shall be in full
14 force and effect immediately upon adoption.
15 INTRODUCED AND ADOPTED this 17th day of August, 1999.
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17 THOMAS A. YB RA, Mayor Pro Tem
18 ATTES
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BRUCE V. MALKENHORST, City Clerk
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1 STATE OF CALIFORNIA )
) ss
2 COUNTY OF LOS ANGELES )
3 I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon, do
4 hereby certify that the foregoing Ordinance, being Ordinance No. 1076,
5 was duly and regularly introduced and adopted at a regular meeting of
6 said City Council held on Tuesday, August 17, 1999, and thereafter was
7 duly signed by the Mayor Pro Tem of the City of Vernon, by the
8 following vote:
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10 AYES: Councilmen: Ybarra, Gonzales, Davis
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NOES: Councilmen:
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ABSENT: Councilmen: Malburg, McCormick
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BRUCE V. MALKENHORST, City Clerk
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EXHIBIT A
CHAPTER 5
BUSINESS LICENSE TAXES AND OTHER CITY TAXES
Article IV. Special Parcel Tax
Sec. 5.45. Special parcel tax on warehouses, truck terminals,
freight terminals and other distribution facilities.
(a) Pursuant to authority of Article XIIIC of the California
Constitution and Government Code § 50075, e-t sea., there is
hereby levied and assessed a special tax by the City of Vernon on
each parcel of property improved with a "warehouse," a "truck
terminal," a "freight terminal," a "railroad facility," or a
"distribution facility," as hereinafter defined. The special tax
shall be levied and assessed each year, commencing in the year
1998 and continuing until modification or repeal in a manner
provided by law.
(b) As used in this Section 5.45, the following terms have
the meanings or limitations indicated:
(1) Assessor's parcel map means an official map of the
assessor of the County of Los Angeles designating parcels by
assessor's parcel number.
(2) Cold storage and refrigerated warehouses mean a
building or part of a building used primarily to store non-
durable, perishable goods under refrigeration including services
for processing, preparing or packaging goods for storage.
Page 1 of 8 EXHIBIT A
(3) Freight terminal is a lot, building or part of a
building, as used or designed for use, in or on which goods or
freight are transferred or redistributed from one vehicle to
another.
(4) Maximum special tax means the maximum special tax,
determined in accordance with subsection (c) below, that can be
levied by the City of Vernon in any fiscal year on a parcel of
property improved with a warehouse, truck terminal, freight
terminal or other distribution facility.
(5) Other distribution facility includes an intermodal
container transfer facility and storage areas related to such
facility.
(6) Parcel means a lot or parcel shown on the current
applicable assessor's parcel map with an assigned assessor's
parcel number.
(7) Truck terminal means a lot, building or part of a
building used or designed primarily for the storage, maintenance
or servicing of highway -type vehicles carrying persons or
property, including but not limited to trucks and buses.
(8) Trucking uses mean any lot, building or part of a
building in or on which goods or freight are transferred or
redistributed from one vehicle to another, or any lot, building
or part of a building used primarily for the storage, maintenance
or servicing of highway -type vehicles carrying persons or
Page 2 of 8 EXHIBIT A
property including, but not limited to, trucks and buses, but
excluding commercial repair facilities.
(9) Railroad facilities mean rail lot yards used
primarily for the switching of rail cars or transferring of
freight or goods from a rail car to another vehicle, but does not
include railroad spur tracks.
(10) Retail sales mean those sales in which the City
receives one percent (1%) of the sales tax.
(11) Warehouse, distribution and wholesale uses mean a
building or part of a building used or designed primarily for the
storage of non-perishable goods or non -refrigerated perishable
goods intended for distribution to other locations, or the sale
of goods for distribution to other locations for wholesale or
retail sale, but does not include: (i) an accessory warehouse
building that is an integral part of a manufacturing business
located in the City of Vernon used for storage of goods or
materials produced in that operation, (ii) any wholesale,
distribution and wholesale uses which pay at least .20� per
square foot in sales tax to the City of Vernon during the subject
fiscal year, and (iii) cold storage and refrigerated warehouses.
(c) The maximum special tax commencing in fiscal year 1999,
shall be $20.00 per 100 square feet of gross area of land.
(d) (1) Pursuant to section 2(b) of Article XIIIC of the
California Constitution, the tax rate established by this article
Page 3 of 8 EXHIBIT A
is a maximum rate, and the city council, by resolution or
ordinance, may levy a tax at any rate or amount that is equal to
or less than the maximum rate or amount authorized by this
article.
(2) The maximum rate established by this article shall
be revised annually based upon changes in the Consumer Price
Index for All Urban Consumers (CPI-U), All Items Index, Los
Angeles -Anaheim -Riverside Area (1982-84=100) (hereinafter "CPI")
published by the United States Department of Labor, Bureau of
Labor Statistics. In the event said CPI for the twelve-month
period ending March 31 of each year (the "adjustment date") is
higher than said CPI for the twelve-month period ending March 31,
1999, the maximum tax rate set forth in this article shall be
increased by multiplying said tax rate by a fraction, the
numerator of which is the CPI on the adjustment date and the
denominator of which is the CPI for the twelve-month period
ending March 31, 1999. The resulting adjusted tax rate shall
then be the maximum tax rate for the fiscal year commencing the
next July 1st. There shall be no reduction in rates by operation
of this provision. If, in the future, said CPI shall be changed
so that the base year differs from that used as of the effective
date of this article, it shall be converted in accordance with
the conversion factor published by the United States Department
of Labor, Bureau of Labor Statistics. The city clerk shall
Page 4 of 8 EXHIBIT A
submit a written report to the city council setting forth the
adjustments to the maximum tax rate required by this subsection,
which the city council shall approve by resolution.
(3) Periodically, the city clerk shall submit to the
city council a recommendation for revising the rate to be
employed in levying the tax, provided, that the recommended tax
rate shall not exceed the maximum tax rate authorized by this
article.
(e) The city council is authorized to determine for each
fiscal year, by ordinance or resolution, the special tax to be
imposed on each parcel subject to this section. The special tax
shall not exceed the maximum special tax rate established in
subsection (c) of this section as adjusted by subsection (d), but
it may be imposed at a lower rate. The ordinance or resolution
shall also list, by assessor's parcel number, all parcels subject
to the tax. The ordinance or resolution shall constitute the
official record of the assessment of the special tax, and a copy
thereof, together with any other pertinent data, shall be
transmitted to the appropriate county or city officials to
facilitate collection of the special tax.
(f) The special tax shall be due in two equal installments
in accordance with the collection procedures of the Los Angeles
County Tax Collector, with the first installment due November 1,
and the second installment due the next succeeding February 1.
Page 5 of 8 EXHIBIT A
The owner of the land, land and improvements, at the time set
forth in California Revenue and Taxation Code Sections 405 and
2192 for each fiscal year, shall have a personal obligation to
the City of Vernon until the tax is paid.
(g) The city clerk may prepare a questionnaire to be served
on the owner of a parcel or improvements subject to the tax
imposed by this article. The questionnaire may request
information which would be useful to the city clerk in the
enforcement or administration of this article. The failure by an
owner to provide the information requested within thirty (30)
days of receipt of the request, or the act of an owner in
knowingly providing false information, shall be a misdemeanor.
(h) In determining the gross square footage area of
improvements the city clerk may use County Assessor's records,
city records, questionnaires and any other records the city clerk
deems reliable.
(i) Properties or entities exempt by law from the ad valorem
tax imposed by Articles XIII and XIIIA of the California
Constitution shall be exempt from the tax imposed by this
section.
(j) The special tax imposed by this section shall be
collected in the same manner as ad valorem property taxes are
collected and shall be subject to the same procedure, sale and
lien priority in case of delinquency as is provided by ad valorem
Page 6 of 8 EXHIBIT A
taxes (which such procedures include the exercise of all rights
and remedies permitted by law to make corrections, including but
not limited to, the issuance of amended or supplemental tax
bills), as such procedure may be modified by law or by the Board
of Supervisors of the County of Los Angeles from time to time;
provided that the city council shall have authority to provide,
by ordinance or resolution, for a different method of collection
of said taxes as it shall determine to be in the best interest of
the City of Vernon. The Board of Supervisors, the Auditor -
Controller, the Treasurer -Tax Collector and the Assessor of the
County of Los Angeles shall perform the duties of assessment of
property for the special tax, the correction of any assessment,
the collection, payment, and enforcement of the special tax,
including delinquent taxes, and the redemption of property from
sale or other penalty for nonpayment of the special tax.
(k) The special tax imposed by this section shall be a tax
upon each parcel of property, and the tax shall not be measured
by the value of the property.
(1) The proceeds of the special tax shall be used for
construction, improvement and maintenance of streets, bridges and
other public rights -of -way, including acquisition of land.
(m) Nothing in this article shall be construed as requiring
the payment of a tax or the doing of an act which would
constitute an unlawful burden upon or an unlawful interference
Page 7 of 8 EXHIBIT A
,'T,I t •
with interstate of foreign commerce or which would be in
violation of the constitution or the laws of the United States or
• the constitution or the laws of the State.of California.
(n) The penalties provided for in Section 5.11 of this Code
shall apply to the tax imposed by this article; provided, that
should said tax be collected by the County of Los Angeles, the
delinquency date shall be the same date ad valorem property taxes
become delinquent.
I
m
Page 8 of 8 EXHIBIT A
SUPPORTING
DOCUMENTS
REPORT ON INCREASE OF
PARCEL TAX
The City Council approved a staff report explaining the need
for legislative changes to the City Code to encourage the
development of manufacturing uses. The report also recommended
an increase in the parcel tax as part of the solution to
discourage certain uses which compete with manufacturing uses.
These legislative changes were made in response to Subdivisions
that were being contemplated that converted prime industrial
property into warehouse and distribution sites. The principal
focus of the City of Vernon's General Plan is to provide
locations for manufacturing and industrial uses.
The thrust of the Land Use Element is twofold. First, the
goals and policies of the City shall promote and maintain the
industrial character of the City and second, encourage the
modernization, replacement or reuse of the older industrial
facilities.
One of the goals and policies of the General Plan Land Use
Element reads as follows:
Goal 1: PROMOTE AND MAINTAIN MANUFACTURING AS THE PRIMARY
LAND USE WITHIN THE CITY
POLICY 1.1: Provide sufficient appropriate
locations for manufacturing and industrial uses
and provide 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.
POLICY 1.2: Designate sufficient land for
commercial uses which are necessary to support
industry, in areas where they will not interfere
with industrial operations.
POLICY 1.3: Continue to permit residential
development which supports industry provided that
environmental constrains can be mitigated to an
acceptable level.
POLICY 1.4: Continue to maintain and upgrade City
services, utilities, and infrastructure to levels
required by modern industry.
In accordance with the Vernon General Plan, the
City Council adopted Vernon's current comprehensive zoning
ordinance on April 18, 1989.
The City was incorporated in 1905 as an "exclusively
industrial City" and subsequent City Council's have adopted
policies which were intended to encourage the continued
development of industrial uses. The current General Plan
continues that long history of encouraging the development of
industrial uses. The public policy reasons for maintaining the
industrial nature of the City includes:
1. Creation of Employment.
2. Efficient Use of Developed Resources.
3. Inadequate Street Right -of -Way
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4. Historical Use Evolution.
S. Revenue Impacts.
6. Police and Fire Expertise in serving an Industrial
Community.
In the preparation and adoption of the General Plan and
Comprehensive Zoning Ordinance, the City attempted to place
controls on the establishment of warehouse and distribution
related uses by limiting the size of warehouses to 50,000 square
feet and excluding transportation uses from the M-Zone.
The Community Services Department was asked to recommend
legislative changes which will assist Vernon in maintaining and
attracting industrial uses. City staff held discussions with the
Real Estate Developers in the community to determine how the
City's goal could be achieved. A variety of concepts were
studied. Staff reviewed trends of new construction and the
existing landscape of the City. It was determined that a broad
scope of changes were needed in order to achieve our goal.
The Community Services Department has considered numerous
programs that can assist the City in reaching the General Plan
goal of providing sufficient appropriate locations for
manufacturing and industrial uses. It is apparent that zoning
and City policies could be changed to encourage industrial
development in the City.
The following are the concepts that were studied:
I. WAREHOUSE, FLOOR AREA, MULTI -TENANT OR SUBDIVISION SIZE
LIMITATIONS
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A. Elimination of Warehouse and Wholesale Uses in the M-
Zone or a Reduction in Size
B. Establish a Minimum Lot Size
C. Establish New Floor to Area Ratio
D. Prohibit Multi -Tenant Uses
E. Allow existing buildings used for warehouse purposes
in excess of 75,000 square feet the ability to convert
back and forth between warehouse and industrial uses
II. ESTABLISH NEW ZONING DISTRICTS
III. CREATE AN ECONOMIC DISINCENTIVE FOR WAREHOUSE AND
TRANSPORTATION RELATED USES
IV. REDEVELOPMENT PROGRAMS
Based on the study conducted, staff recommended that a
number of code changes and policies be adopted. In order to
achieve the City's goal of maintaining Vernon's industrial
character it was determined that this package of changes working
in harmony would allow the City to achieve its goal. However if
one of the policies was not incorporated the full success of the
plan may not be fully realized. The recommended code changes and
policies are as follows:
A. Restrict the adjusting of Lot Lines or Subdividing of
parcels in excess of 3 acres so that only one lot less
than three acres is created. Establish a minimum lot
size of 3/4 acre for commercial and general office, and
1 acre for all other uses with the exception of
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residential lots which will be developed in accordance
with Section 26.4.3 of the Comprehensive Zoning
Ordinance. Each lot shall have a minimum frontage
along a public street of 150 feet. City owned property
shall be exempt from the minimum lot size and frontage
requirements;
B. Allow existing warehouses in excess of 75,000 square
feet the ability to convert back and forth between
warehouse and manufacturing use;
C. Increase the City parcel tax on warehouse and
transportation related uses; and
D. Encourage the Redevelopment Agency to purchase smaller
sites and assemble them into larger sites to be made
available for manufacturing uses.
One of the primary recommendations was to create an economic
disincentive for warehouse and transportation related uses by
increasing the special parcel tax. Warehouses, truck terminals
and intermodal facilities generate substantial numbers of trucks.
The great volume of trucks has adversely impacted the City's
circulation system. Trucks often maneuver in the streets as they
back up to onsite truck docks causing significant delays to the
traveling public and adversely impact emergency response. Just
as detrimental to the circulation system are the long Port Trains
traveling to the intermodal facilities on the north side of the
City. These trains must travel slow and often stop prior to
entering the railroad yards causing significant delays on City
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streets. The City has enacted Zoning Policies that would require
all truck maneuvering to be performed onsite. However the City
has been forced to consider constructing expensive Public Works
Projects in order to alleviate the substantial congestion caused
by the slow moving trains. The contemplated projects include the
reconfiguration of the 710-Atlantic/Bandini Boulevard
Interchange, Grade separations at Bandini Boulevard, District
Boulevard and Slauson Avenue over Downey Road and the Union
Pacific Railroad, the Alameda Corridor, the construction of a new
Interchange at Route 710 and Slauson, the widening of Soto Street
from Bandini Boulevard to Olympic Boulevard and improvements to
26th Street so that capacity on this roadway can be increased.
Not only do the trucks cause substantial congestion, they
are the primary cause of pavement failure. Roadways are designed
based on the number of repetitive truck loads. Automobiles have
no impact and are not considered in pavement thickness design.
The more trucks, the thicker the pavement must be designed. One
overloaded truck could potentially cause the pavement to
prematurely fail. Given the number of trucks that travel on City
streets the pavement must be resurfaced at an accelerated pace
when compared to typical arterials and local streets of
neighboring communities. If the City fails to resurface the
street in a timely manner full reconstruction could be required.
Lastly, trucks are involved in approximately 40 percent of all
vehicular accidents within the City.
Therefore the industries causing the truck movements should
pay their fair share for road improvements and other City
services. Typically warehouses, (except for those warehouses
that make retail sales or are refrigerated and use substantial
amounts of electricity) truck terminals and intermodal facilities
contribute very little money to the General Fund. Since the City
of Vernon is an industrial community it receives very little gas
tax and other state funding earmarked for roadways because the
funds are distributed based on population. Therefore the vast
majority of roadway improvements within the City are paid for out
of the City's General Fund.
The General Fund must also pay for Police and Fire
Department services. Each local community must decide where
every dollar must be spent. Typically the decision of whether
the infrastructure of the City should be maintained, or police
and fire protection be preserved is a difficult one.
An alternative would be to supplement the City's General
Fund with a tax or impact fee on those creating the truck
movements causing damage to the public streets and adding to the
congestion on our circulation system. It appears that the City
could achieve two goals with one mechanism. As stated previously
the City goal established in the General Plan is to maintain and
attract industrial uses. If the tax or impact fee were high
enough it would cause warehouses and transportation related uses
to reconsider staying or moving into Vernon. If truck intense
businesses don't move into Vernon then the funds generated by
those business are not needed because the circulation and roadway
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surface would not suffer the abuse caused by their vehicles.
Last Year, the City council adopted Ordinance No. 1057,
which among other things established a parcel tax on warehouses,
truck terminals, freight terminals and other distribution
facilities. The ordinance was approved by the voters of the
City. The City Council then passed a resolution setting the
parcel tax at the maximum rate allowed by the ordinance — $1.00
per 100 square feet of land (approximately $436 per acre).
Proceeds of this parcel tax are earmarked for construction,
improvement and maintenance of streets, bridges and other public
rights -of -way, including acquisition of land.
However, the small parcel tax currently in effect is not
substantial enough to deter the trucking uses from entering the
City. The average lease rate for a Class A warehouse building in
Vernon is approximately 40G per square foot per month. Therefore
the lease for a 50,000 square foot warehouse per year is
$240,000. A class B building would be approximately 3/4 of this,
while a class C building would be one half. In comparison given
a lot coverage of 55% the current annual parcel tax for the same
size building is $909.09. While the parcel tax will collect over
$400,000 for the City annually, it is far from covering the
City's total public works and capital improvements budget.
The City of Vernon's General Fund revenues for Fiscal Year 97-98
are as follows:
TABLE 1
GENERAL FUND REVENUES 1997-98
PERCENTAGE $ CONTRIBUTED
CONTRIBUTED BY
BY WAREHOUSE/ WAREHOUSE/
TOTAL TRANSPORTATION TRANSPORTATION
Sales and Use Tax(l)
$4,465,631.00
00-.
$0.00
Franchise Tax�2)
$2,222,897.00
5.706
$126,705.13
Property Tax(3)
$1,889,454.00
2001
$377,890.80
Building Permits and'''
Plan Check Fees
$746,069.00
200-o
$149,213.80
Community Services(l)
$82,059.00
20%
$16,411.80
Business Licenses(4)
$935,124.00
22.4%
$209,467.78
Investment Income(2)
$13,805,015.00
5.70-o
$78,688.86
Fines and
Forfeitures(')
$123,240.00
00-.
$0.00
Miscellaneous(')
$817,728.00
250-.
$204,432.00
$25,087,217.00
$1,162,810.17
(')Estimated by City Staff
(2jEstimated by Utilities Department
(3)Estimated by HDL
(')Percentage based on 1999 Business License figures
(warehouse/trucking $361,765.00, Total all Business License Fees
$1,609,198.60)
The City of Vernon's General Fund expenditures for Fiscal
Year 97-98 are as follows:
TABLE 2
GENERAL FUND EXPENDITURES 1997-98
General Government
$5,146,587.00
Fire Protection
$8,984,639.00
Police Protection
$7,721,749.00
Public Works
$7,032,536.00
Health Services
$1,135,114.00
Capital Outlay
$1,408,928.00
$31,4291553.00
The City had an operating cost of $31,429,553 for Fiscal
Year 1997-98. Approximately $6.34 million had to be taken from
the General Fund's dwindling reserve to cover the shortfall in
revenue. Additionally the City completed only a fraction of its
normal capital improvement projects due to the construction of the
City of Vernon natural gas distribution system. Street
improvements have been on a temporary hold until the gas pipes are
installed so that newly paved streets would not be cut.
Of the $25,087,217 of revenues that the General Fund
received, approximately 4.63% was generated from warehouse,
distribution transportation related uses. Of the $31,429,553 in
City expenditures only 3.7% was paid by warehouse and
transportation related uses. According to the City of Vernon's
General Plan approximately 37.7% of the land within Vernon is used
for industrial uses, while warehouse and transportation uses
-10-
account for 26.90-. of the land use within Vernon. In addition the
Railroad facilities utilize 5% of the property within Vernon.
Retail and commercial uses account for 2.4% of the land. The vast
majority of remaining land is dedicated to streets, public utility
rights -of -way and the Los Angeles River. Based on recent studies,
warehouse, trucking and transportation facilities account for
approximately 32.41 of the usable property in Vernon, (streets,
river and utility easements are considered to be non -usable
property) yet they account for only 4.632% of the revenue to the
General Fund. Therefore, it appears that they are not paying
their fair share for City services.
The current parcel tax is less than 0.411 of the annual cost
of the revenue gained on the property. I believe that in order to
deter a warehouse use or transportation related use the annual
parcel tax would have to have a stronger disincentive and would
have to be in the range of 8% or greater of the lease rate. At
the rate of 8% or greater, the mentioned uses may consider
relocating to other sites away from the Vernon manufacturing core.
This parcel tax could cause the warehouse and trucking uses to
consider alternative sites. If a warehouse decided that Vernon
was still the prime location for their business, then the parcel
tax would offset the detrimental effects that their trucks would
cause in our community. The funds received could be used for much
needed roadway and circulation improvements. A parcel tax based
on 8% of the lease rate would result in a tax of approximately
$.211 per square foot per year or $21.10 per 100 square feet which
-11-
equates to $9,191 per acre per year. This would be 21 times the
current rate. The new parcel tax for the above -mentioned 50,000
square foot building would be $19,200 per year.
Certain warehouse uses contribute substantial revenue to the
Vernon General Fund. These include refrigerated warehouses and
warehouse uses with a high retail component. Refrigerated
warehouses typically are large consumers of electricity. The City
of Vernon electrical rates include a utility franchise tax which
goes to the General Fund. Additionally, large energy consumers
contribute to the reserves of the Utility Department. The
interest on these reserves is a major revenue stream for the
General Fund. Warehouses that have a large retail component also
contribute to the General Fund in the form of sales tax. For each
dollar of retail sales the City receives one cent. Therefore, a
business with $1,000,000 in retail sales would contribute $10,000
to the General Fund. It is my opinion that those properties
contributing .20G per square foot in sales tax should be exempted
from the parcel tax.
The City Attorney has reviewed the legal question of raising
the tax to the level of $20.00 per 100 square feet. Despite the
size of the increase, the City Attorney has concluded that the
increase would be legally justifiable both as a means of raising
additional revenue for street construction and maintenance and as
a means of discouraging non -industrial uses.
A tax increase will require voter approval at a general or
special election. Under the state Elections Code, a special
-12-
election on a measure submitted to the voters by a legislative
body can be scheduled between 88 and 103 days after the call for
the election. It is recommended that August 17, 1999 be targeted
as the date for adoption of an ordinance increasing the tax and
the necessary resolutions for scheduling the election. This would
enable the Council to schedule a special election between November
13 and November 28, 1999.
Staff recommends that the maximum parcel tax rate of the on
warehouse and transportation related uses be increased to $20.00
per 100 square feet of gross area of land.
It is recommended that the parcel tax be capped at $20.00 per
100 square feet, or .20G per square foot. Further, this parcel
tax should however be allowed to increase based on the consumers
price index. The parcel tax should apply to warehouse,
distribution trucking, wholesale, and transportation related uses
including railroad facilities but excluding railroad spur tracks,
cold storage and refrigerated warehouses and warehouses producing
substantial retail sales.
The tax should be specifically applied to the following uses:
1. Warehouse, distribution and wholesale uses are defined
as follows: A building or portion of a building used
primarily for the storage of non-perishable goods or
non -refrigerated perishable goods intended for
distribution to other locations or the sale of goods for
distribution to other locations for wholesale or retail
sale but excluding any wholesale, distribution and
-13-
wholesale uses which generate retail sales in excess of
$5,000,000 and whose point of sale is at the subject
site, and also excluding cold storage and refrigerated
warehouses;
2. Cold storage and refrigerated warehouse is defined as a
building or part of a building used primarily to store
nondurable, perishable goods under refrigeration
including services for processing, preparing or
packaging goods for storage;
3. Trucking uses are defined as any lot, building or a part
of a building in or on which goods or freight are
transferred or redistributed from one vehicle to
another, or any lot, building, or part of a building
used primarily for the storage, maintenance, or
servicing of highway type vehicles carrying persons or
property including but not limited to trucks and buses,
excluding however commercial repair facilities.
4. Railroad facilities are defined as railroad yards used
primarily for the switching of railcars, or transferring
freight or goods from a railcar to another vehicle.
5. Retail sales are those sales in which the City receives
1% of the sales tax.
Attached as Table 3 is a list of properties that as of June
1999 the tax would be applicable to. Based on this list the City
would receive approximately $321,000 for each penny of special
parcel tax applied. At a parcel tax of 20G per square foot it
-14-
would equate to $6,420,000 which is nearly equal to the shortfall
in the Fiscal Year 1997-98 budget.
report.parceltax
-15-
FINAL REPORT ON INCREASE OF
PARCEL TAX
The City Council, On July approved a staff report
explaining the need for legislative changes to the City Code to
encourage the development of manufacturing uses. The report also
recommended an increase in the parcel tax as part of the solution
to discourage certain uses which compete with manufacturing uses.
These legislative changes were made in response to Subdivisions
that were being contemplated that converted prime industrial
property into warehouse and distribution sites. The principal
focus of the City of vernon's General Plan is to provide
locations for manufacturing and industrial uses.
The thrust of the Land Use Element is twofold. First, the
goals and policies of the City shall promote and maintain the
industrial character of the City and second, encourage the
modernization, replacement or reuse of the older industrial
facilities.
One of the goals and policies of the General Plan Land Use
Element reads as follows:
Goal 1: PROMOTE AND MAINTAIN MANUFACTURING AS THE PRIMARY
LAND USE WITHIN THE CITY
POLICY 1.1: Provide sufficient appropriate
locations for manufacturing and industrial uses
and provide 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.
POLICY 1.2: Designate sufficient land for
commercial uses which are necessary to support
industry, in areas where they will not interfere
with industrial operations.
POLICY 1.3: Continue to permit residential
development which supports industry provided that
environmental constrains can be mitigated to an
acceptable level.
POLICY 1.4: Continue to maintain and upgrade City
services, utilities, and infrastructure.to levels
required by modern industry.
In accordance with the Vernon General Plan, the
City Council adopted Vernon's current comprehensive zoning
ordinance on April 18, 1989.
The City was incorporated in 1905 as an "exclusively
industrial City" and subsequent City Council's have adopted
Policies which were intended to encourage the continued
development of industrial uses. The current General Plan
continues that long history of encouraging the development of
industrial uses. The public policy reasons for maintaining the
industrial nature of the City includes:
1. Creation of Employment.
2. Efficient Use of Developed Resources.
3. Inadequate Street Right -of -Way
-2-
4. Historical Use Evolution.
5. Revenue Impacts.
6. Police and Fire Expertise in serving an Industrial
Community.
In the preparation and adoption of the General Plan and
Comprehensive Zoning Ordinance, the City attempted to place
controls on the establishment of warehouse and distribution
related uses by limiting the size of warehouses to 50,000 square
feet and excluding transportation uses from the M-Zone.
The Community Services Department was asked to recommend
legislative changes which will assist Vernon in maintaining and
attracting industrial uses. City staff held discussions with the
Real Estate Developers in the community to determine how the
City's goal could be achieved. A variety of concepts were
studied. Staff reviewed trends of new construction and the
existing landscape of the City. It was determined that a broad
scope of changes were needed in order to achieve our goal.
The Community Services Department has considered numerous
programs that can assist the City in reaching the General Plan
goal of providing sufficient appropriate locations for
manufacturing and industrial uses. It is apparent that zoning
and City policies could be changed to encourage industrial
development in the City.
The following are the concepts that were studied:
I. WAREHOUSE, FLOOR AREA, MULTI -TENANT OR SUBDIVISION SIZE
LIMITATIONS
-3-
A. Elimination of Warehouse and Wholesale Uses in the M-
Zone or a Reduction in Size
B. Establish a Minimum Lot Size
C. Establish New Floor to Area Ratio
D. Prohibit Multi -Tenant Uses
E. Allow existing buildings used for warehouse purposes
in excess of 75,000 square feet the ability to convert
back and forth between warehouse and industrial uses
II. ESTABLISH NEW ZONING DISTRICTS
III. CREATE AN ECONOMIC DISINCENTIVE FOR WAREHOUSE AND
TRANSPORTATION RELATED USES
IV. REDEVELOPMENT PROGRAMS
Based on the study conducted, staff recommended that a
number of code changes and policies be adopted. In order to
achieve the City's goal of maintaining Vernon's industrial
character it was determined that this package of changes working
in harmony would allow the City to achieve its goal. However if
one of the policies was not incorporated the full success of the
plan may not be fully realized. The recommended code changes ,and
policies are as follows:
A. Restrict the adjusting of Lot Lines or Subdividing of
parcels in excess of 3 acres so that only one lot less
than three acres is created. Establish a minimum lot
size of 3/4 acre for commercial and general office, and
1 acre for all other uses with the exception of
-4-
residential lots which will be developed in accordance
with Section 26.4.3 of the Comprehensive Zoning
Ordinance. Each lot shall have a minimum frontage
along a public street of 150 feet. ..City owned property
shall be exempt from the minimum lot size and frontage
requirements;
B. Allow existing warehouses in excess of 75,000 square
feet the ability to convert back and forth between
warehouse and manufacturing use;
C. Increase the City parcel tax on warehouse and
transportation related uses; and
D. Encourage the Redevelopment Agency to purchase smaller
sites and assemble them into larger sites to be made
available for manufacturing uses.
One of the primary recommendations was to create an economic
disincentive for warehouse and transportation related uses by,
increasing the special parcel tax. Warehouses, truck terminals
and intermodal facilities generate substantial numbers of trucks.
The great volume of trucks has adversely impacted the City,s
circulation system. Trucks often maneuver in the streets as they
back up to onsite truck docks causing significant delays to the
traveling public and adversely impact emergency response. Just
as detrimental to the circulation system are the long Port Trains
traveling to the intermodal facilities on the north side of the
City. These trains must travel slow and often stop prior to
entering the railroad yards causing significant delays on City
-5-
streets. The City has enacted Zoning Policies that would require
all truck maneuvering to be performed onsite. However the City
has been forced to consider constructing expensive Public Works
Projects in order to alleviate the substantial -congestion caused
by the slow moving trains. The contemplated projects include the
reconfiguration of the 710-Atlantic/Bandini Boulevard
Interchange, Grade separations at Bandini Boulevard, District
Boulevard and Slauson Avenue over Downey Road and the Union
Pacific Railroad, the Alameda Corridor, the construction of a new
Interchange at Route 710 and Slauson, the widening of Soto Street
from Bandini Boulevard to Olympic Boulevard and improvements to
26th Street so that capacity on this roadway can be increased.
Not only do the trucks cause substantial congestion, they
are the primary cause of pavement failure. Roadways are designed
based on the number of repetitive truck loads. Automobiles have
no impact and are not considered in pavement thickness design.
The more trucks, the thicker the pavement must be designed. One
overloaded truck could potentially cause the pavement to
prematurely fail. Given the number of trucks that travel on City
streets the pavement must be resurfaced at an accelerated pace''
when compared to typical arterials and local streets of
neighboring communities. If the City fails to resurface the
street in a timely manner full reconstruction could be required.
Lastly, trucks are involved in approximately 40 percent of all
vehicular accidents within the City.
Therefore the industries causing the truck movements should
pay their fair share for road improvements and other City
services. Typically warehouses, (except for those warehouses
that make retail sales or are refrigerated and use substantial
amounts of electricity) truck terminals and intermodal facilities
contribute very little money to the General Fund. Since the City
of Vernon is an industrial community it receives very little gas
tax and other state funding earmarked for roadways because the
funds are distributed based on population. Therefore the vast
majority of roadway improvements within the City are paid for out
of the City's General Fund.
The General Fund must also pay for Police and Fire
Department services. Each local community must decide where
every dollar must be spent. Typically the decision of whether
the infrastructure of the City should be maintained, or police
and fire protection be preserved is a difficult one.
An alternative would be to supplement the City's General
Fund with a tax or impact fee on those creating the truck
movements causing damage to the public streets and adding to the
congestion on our circulation system. It appears that the City
could achieve two goals with one mechanism. As stated previously
the City goal established in the General Plan is to maintain and
attract industrial uses. If the tax or impact fee were high
enough it would cause warehouses and transportation related uses
to reconsider staying or moving into Vernon. If truck intense
businesses don't move into Vernon then the funds generated by
those business are not needed because the circulation and roadway
-7-
surface would not suffer the abuse caused by their vehicles.
Last Year, the City council adopted Ordinance No. 1057,
which among other things established a parcel tax on warehouses,
truck terminals, freight terminals and other distribution
facilities. The ordinance was approved by the voters of the
City. The City Council then passed a resolution setting the
parcel tax at the maximum rate allowed by the ordinance — $1.00
per 100 square feet of land (approximately $436 per acre).
Proceeds of this parcel tax are earmarked for construction,
improvement and maintenance of streets, bridges and other public
rights -of -way, including acquisition of land.
However, the small parcel tax currently in effect is not
substantial enough to deter the trucking uses from entering the
City. The average lease rate for a Class A warehouse building in
Vernon is approximately 404� per square foot per month. Therefore
the lease for a 50,000 square foot warehouse per year is
$240,000. A class B building would be approximately 3/4 of this,
while a class C building would be one half. In comparison given
a lot coverage of 550-. the current annual parcel tax for the same
size building is $909.09. While the parcel tax will collect over
$400,000 for the City annually, it is far from covering the
City's total public works and capital improvements budget.
The City of Vernon's General Fund revenues for Fiscal Year 97-98
are as follows:
TABLE 1
GENERAL FUND RRVV.MTTvc 1 a a,7_ o o
("Estimated by City Staff
(Z'Estimated by Utilities Department
(3)Estimated by HDL
(4)Percentage based on 1999 Business License figures
(warehouse/trucking $361,765.00, Total all Business License Fees
$1,609,198.60)
The City of Vernon's General Fund expenditures for Fiscal
Year 97-98 are as follows:
TABLE 2
GENERAL FUND EXPENDITURES 1997-98
General Government -.
$5,146,587.00
Fire Protection
$8,984,639.00
Police Protection $7,721,749.00
Public Works $7,032,536.00
Health Services
$1,135,114.00
Capital Outlay $1,408,928.00
$31,429,553.00
The City had an operating cost of $31,429,553 for Fiscal
Year 1997-98. Approximately $6.34 million had to be taken from
the General Fund's dwindling reserve to cover the shortfall in
revenue. Additionally the City completed only a fraction.of its
normal capital improvement projects due to the construction of the
City of Vernon natural gas distribution system. Street
11
improvements have been on a temporary hold until the gas pipes are
installed so that newly paved streets would not be cut.
Of the $25,087,217 of revenues that the General Fund
received, approximately 4.6301 was generated from warehouse,
distribution transportation related uses. Of the $31,429,553 in
City expenditures only 3.7a was paid by warehouse and
transportation related uses. According to the City of Vernon's
General Plan approximately 37.7% of the land within Vernon is used
for industrial uses, while warehouse and transportation uses
-10-
account for 26.90 of the land use within Vernon. In addition the
Railroad facilities utilize 515 of the property within Vernon.
Retail and commercial uses account for 2.4% of the land. The vast
majority of remaining land is dedicated to. streets, public utility
rights -of -way and the Los Angeles River. Based on recent studies,
warehouse, trucking and transportation facilities account for
approximately 32.40 of the usable property in Vernon, (streets,
river and utility easements are considered to be non -usable
property) yet they account for only 4.632!k of the revenue to the
General Fund. Therefore, it appears that they are not paying
their fair share for City services.
The current parcel tax is less than 0.415 of the annual cost
of the revenue gained on the property. I believe that in order to
deter a warehouse use or transportation related use the annual
parcel tax would have to have a stronger disincentive and -would
have to be in the range of 8s or greater of the lease rate. At
the rate of 81-k or greater, the mentioned uses may consider
relocating to other sites away from the Vernon manufacturing core.
This parcel tax could cause the warehouse and trucking uses to
consider alternative sites. If a warehouse decided that Vernon
was still the prime location for their business, then the parcel
tax would offset the detrimental effects that their trucks would
cause in our community. The funds received could be used for much
needed roadway and circulation improvements. A parcel tax based
on 80 of the lease rate would result in a tax of approximately
$.211 per square foot per year or $21.10 per 100 square feet which
-11-
equates to $9,191 per acre per year. This would he 21 times the
current rate. The new parcel tax for the above -mentioned 50,0oo
square foot building would be $19,200 per year.
Certain warehouse uses contribute substantial revenue to the
Vernon General Fund. These include refrigerated warehouses and
warehouse uses with a high retail component. Refrigerated
warehouses typically are large consumers of electricity. The City
of Vernon electrical rates include a utility franchise tax which
goes to the General Fund. Additionally; large energy consumers
contribute to the reserves of the Utility Department. The
interest on these reserves is a major revenue stream for the
General Fund. Warehouses that have a large retail component also
contribute to the General Fund in the form of sales tax. For each
dollar of retail sales the City receives one cent. Therefore, a
business with $1,000,000 in retail sales would contribute'$10,000
to the General Fund. It is my opinion that those properties„
contributing .20� per square foot in sales tax should be exempted
from the parcel tax.
The City Attorney has reviewed the legal question of raising
the tax to the level of $20.00 per 100 square feet. Despite the
size of the increase, the City Attorney has concluded that the
increase would be legally justifiable both as a means of raising
additional revenue for street construction and maintenance and as
a means of discouraging non -industrial uses.
A tax increase will require voter approval at a general or
special election. Under the state Elections Code, a special
-12-
election on a measure submitted to the voters by a legislative
body can be scheduled between 88 and 103 days after the call for
the election. It is recommended that August 17, 1999 be targeted
as the date for adoption of an ordinance increasing the tax and
the necessary resolutions for scheduling the election. This would
enable the Council to schedule a special election between November
13 and November 28, 1999.
Staff recommends that the maximum parcel tax rate of the
warehouse and transportation related uses be increased to $20.00
per 100 square feet of gross area of land.
It is recommended that the parcel tax be capped at $20.00 per
100 square feet, or .20� per square foot. Further, this parcel
tax should however be allowed to increase based on the consumers
price index. The parcel tax should apply to warehouse,
distribution trucking, wholesale, and transportation related uses
including railroad facilities but excluding railroad spur tracks,
cold storage and refrigerated warehouses and warehouses producing
substantial retail sales.
The tax should be specifically applied to the following uses:
1. Warehouse, distribution and wholesale uses are defined
as follows: A building or portion of a building used
primarily for the storage of non-perishable goods or
non -refrigerated perishable goods intended for
distribution to other locations or the sale of goods for
distribution to other locations for wholesale or retail
sale but excluding any wholesale, distribution and
-13-
wholesale uses which generate retail sales in excess of
$5,000,000 and whose point of sale is at the subject
site, and also excluding cold storage and refrigerated
warehouses;
2. Cold storage and refrigerated warehouse is defined as a
building or part of a building used primarily to store
nondurable, perishable goods under refrigeration
including services for processing, preparing or
packaging goods for storage;
3. Trucking uses are defined as any lot, building or a part
of a building in or on which goods or freight are
transferred or redistributed from one vehicle to
another, or any lot, building, or part of a building
used primarily for the storage, maintenance, or
servicing of highway type vehicles carrying persons or
property including but not limited to trucks and buses,
excluding however commercial repair facilities.
4. Railroad facilities are defined as railroad yards used
primarily for the switching of railcars, or transferring
freight or goods from a railcar to another vehicle.
5. Retail sales are those sales in which the City receives
to of the sales tax.
Attached as Table 3 is a list of properties that as of June
1999 the tax would be applicable to. Based on this list the City
would receive approximately $321,000 for each penny of special
parcel tax applied. At a parcel tax of 20G per square foot it
-14-
would equate to $6,420,000 which is nearly equal to the shortfall
in the Fiscal Year 1997-98 budget.
report.parceltax
-15-
TABLE 3
Page 1 of 13
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STAFF REPORT
SUBDIVISIONS MORATORIUM
(May 27, 1999)
On March 24, 1998 the City Council of the City of Vernon
adopted Ordinance No. 1061 prohibiting the processing or approval
of Tentative Maps, Parcel Maps and Lot Line Adjustments. The
moratorium on the processing of maps and lot line adjustments was
extended by Ordinance No. 1062. (April 28, 1998)
In recent years numerous large industrial facilities within
the City have closed. Many of these sites -were subsequently
subdivided into smaller parcels which encouraged the construction
of warehouse and other distribution related facilities.
The principal focus of the City of Vernon's General Plan
(adopted by Resolution No. 5609 on April 18, 1989, and revised by
Resolution No. 6109 on June 16, 1992) is to provide appropriate
locations for manufacturing and industrial uses. It also
provides for the location of those activities which play a
supporting role to manufacturing. Therefore, warehousing
distribution and transportation related uses are intended to be
located in areas where they will not interfere with manufacturing
and industrial uses.
2.4 SUMMARY OF GOALS AND POLICIES
"The thrust of the Land Use Element is twofold.
First, the goals and policies determine the City will
promote and maintain the industrial character of the
City and second, encourage the modernization,
1
replacement, or reuse of the older industrial
facilities..°
3. GOALS AND POLICIES
GOAL 1 PROMOTE AND MAINTAIN MANUFACTURING AS THE PRIMARY
LAND USE WITHIN THE CITY
POLICY 1.1: Provide sufficient appropriate
locations for manufacturing and industrial uses
and provide 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.
POLICY 1.2: Designate sufficient land for
commercial uses which are necessary to support
industry, in areas where they will not interfere
with industrial operations.
POLICY 1.3: Continue to permit residential
development which supports industry provided that
environmental constrains can be mitigated to an
acceptable level.
POLICY 1.4: Continue to maintain and upgrade City
services, utilities, and infrastructure to levels
required by modern industry.
In accordance with the Vernon General Plan, the
City Council adopted Vernon's current comprehensive zoning
ordinance on April 18, 1989. This zoning ordinance
established the M-2 Zone, which is generally located north and
2
east of the L.A. River, excluding that portion north of 26tn
Street west of Downey Road. Within this zone warehouses of
unlimited size are allowed and transportation related uses are
allowed with a conditional use permit. This area of the City
consists of mostly larger parcels.
In the preparation and adoption of the General Plan and
Comprehensive Zoning Ordinance, the City attempted to place
controls on the establishment of warehouse and distribution
related uses by limiting the size of warehouses to 50,000 square
feet and excluding transportation uses from the M-Zone. In
response to this policy expressed in Vernon's General Plan, the
development community has reacted by subdividing large parcels
into smaller parcels in order to develop and construct warehouse
and distribution related type facilities.
Therefore, it has become apparent that the principal focus
of the General Plan has not been achieved. The Community
Services Department has studied this issue and considered various
legislative changes in order to properly implement the General
Plan's focus and policy of promoting industrial uses within the
City. These changes include:
1. Establishing a minimum lot size;
2. Allow existing buildings used for warehousing purposes
in excess of 75,000 square feet the ability to convert
back and forth between warehouse and industrial uses;
Additionally it is recommended that the following concepts
be further studied:
1. Create an economic disincentive for warehouse and
3
transportation related uses; and
2. Aggregation of parcels by the Redevelopment Agency.
Currently the Comprehensive Zoning Ordinance allows the
following uses in the M-Zone:
1. Industry;
2. Residential Dwelling or independent living facility;
3. Residential Unit - temporary;
4. Public facilities;
S. Retail and Commercial uses with a floor area of 10,000
square feet or less;
6. Warehouse and Wholesale uses with a floor area of
50,000 square feet or less;
7. Refrigerated warehouses;
8. Vehicle sales, fabrication or repair facilities; and
9. General offices with a floor area of 10,000 square feet
or less.
The following uses are permitted in the M-Zone with a
conditional use permit:
a. Retail and Commercial uses with a floor area of
more than 10,000 square feet;
b. Hazardous Waste Treatment facilities;
C. Trash to Energy facilities;
d, Petroleum related uses;
e. Public Storage facilities;
f. Cogeneration facilities;
g. Trade Schools;
h. General Offices;
4
i. Residential Dwelling. Unit Multiple;
j. Accessory Warehouses; and
k. Recycled Materials Processing facilities.
The General Plan's principal focus is to provide sufficient
appropriate locations for manufacturing and industrial uses and
to permit the location of those activities which support
manufacturing in areas where they will not interfere with and not
crowd out manufacturing operations. The City was incorporated in
1905 as an "exclusively industrial City" and subsequent City
Council's have adopted policies which were intended to encourage
the continued development of industrial uses. The current
General Plan continues that long history of encouraging the
development of industrial uses. The public policy reasons for
maintaining the industrial nature of the City are as follows:
- - �1�lF• . iu - �
Industrial uses on a square foot basis employ a greater
number of people than warehouse type uses. The workers are
generally more skilled and therefore have a higher wage earning
potential. The City of Vernon is located in an economically
depressed area with high unemployment rates. Vernon believes•'
that it can benefit its neighboring communities by providing a
supply of reasonable paying jobs. Vernon's location does not
conflict with more sensitive uses that are commonly found in
residential settings. Therefore, industrial use continues to be
the highest and best use for the property in the City of Vernon.
-� -M .-. M- . -
Industrial uses take full advantage of the City's investment
5
in utility infrastructure. The City owns and operates its own
Water and Power utilities. A warehouse use typically would have
minimal utility use. Water use would consist of drinking water
and toilets. Power use would be limited to lighting. The City
has invested heavily in providing an* electrical and water
distribution system that was designed to serve manufacturing
facilities. A Vernon manufacturer versus a warehouse use
typically will pay more than its proportionate share of the
operating cost of the utility. Where large utility customers
take and use utility services, the operating and maintenance
costs can be spread among a larger quantity of users and
therefore a reduction in the utility rate to the customer will be
realized. For example the City of Vernon's water system must
keep a minimum crew on staff to operate its pumps and wells.
This staff must be available whether the City is pumping one or
one hundred acre-feet of water per day. However, the greater
number of acre-feet of water that is produced the more the cost
can be spread and the lower the price of water service.
ONEW .� t.-in.,
Vernon property, street and rail service was designed to-'
serve manufacturing users. Manufacturing use does not require
the same number of truck trips which is required of a warehouse
distribution center. Therefore, manufacturing was not adversely
effected by the City of Vernon's narrow streets and lack of truck
maneuvering space and numerous rail crossings. However, the
frequent subdivision of large lots with the corresponding
development of warehouse distribution causes serious congestion
0
on Vernon's narrow local streets and those intersections with
large streets leading to freeway access.
Vernon provides a convenient centralized location for
businesses. By maintaining a strictly industrial community it
provides a home for much needed industries to locate, such as
hazardous waste treatment facilities, slaughtering facilities
solid waste transfer sites, chemical manufacturers, etc. These
businesses would not. be accepted in traditional residential
communities, yet they are necessary for a modern urban economy.
Due to the size of its residential population Vernon doesn't
receive its proportionate share of State funding, which is almost
always based on population. Industrial uses usually have
expensive machinery that is installed as part of their operation.
The County Assessor assesses the equipment within a building as
unsecured property. The City receives a small percentage of the
property tax for this equipment. If the nature of the City were
to change from manufacturing to warehouse uses the income from
the unsecured property tax would be substantially reduced.
6. Police and Fire Protection.
Vernon has developed and trained a highly efficient police
and fire service organizations which provide top quality
protection for industrial enterprises. If revenue is
substantially reduced, then Vernon will have to consider
providing a lower level of service. The presence of an efficient
police and fire service in Vernon provides important support to
7
neighboring communities. The City's graffiti abatement program
provides additional social defense against urban decay and
reduced employment opportunities.
For the factors listed above, it is recommended that the
City retain its industrial nature.
The Community Services Department was asked to recommend
legislative changes which will assist Vernon in maintaining and
attracting industrial uses. City staff held discussions with the
Real Estate Developers in the community to determine how the
City's goal could be.achieved. A variety of concepts were
studied. Staff reviewed trends of new construction and the
existing landscape of the City. It was determined that a broader
scope of changes than just restrictions on subdivisions were
needed in order to achieve our goal. The following are the
staff's recommendations, the concepts that were studied and the
pros and cons of implementing the concepts.
The Community Services Department has considered numerous
programs that can assist the City in reaching the General Plan
goal of providing sufficient appropriate locations for
manufacturing and industrial uses.. It is apparent that zoning
and City policies could be changed to encourage industrial
development in the City.
It is recommended that the City:
A. Restrict the adjusting of Lot Lines or Subdividing of
parcels in excess of 3 acres so that only one lot less
than three acres is created. Establish a minimum lot
0
size of 3/4 acre for commercial and general office, and
1 acre for all other uses with the exception of
residential lots which will be developed in accordance
with Section 26.4.3 of the Comprehensive Zoning
Ordinance. Each lot shall have a minimum frontage
along a public street of 150 feet. City owned property
shall be exempt from the minimum lot size and frontage
requirements;
B. Allow existing warehouses in excess of 75,000 square
feet the ability to convert back and forth between
warehouse and manufacturing use;
C. Increase the City parcel tax on warehouse and
transportation related uses; and
D. Encourage the Redevelopment Agency to purchase smaller
sites and assemble them into larger sites to be made
available for manufacturing uses.
The following concepts were considered leading to the
abovementioned recommendations.
I. WAREHOUSE, FLOOR AREA, MULTI -TENANT OR SUBDIVISION SIZE
LIMITATIONS
A. Elimination of Warehouse and Wholesale Uses in the
M-Zone or a Reduction in Size
(1) Warehouse Size Reduction: The majority of new
development that has taken place since 1989 will accommodate
warehouse and wholesale type uses. A warehouse use in the M-Zone
is allowed to occupy up to 50,000 square feet on any single lot
or parcel. If the City were to reduce the allowable size of
warehouses this would proportionately reduce the number of
E
structures that would be developed for this purpose. Warehouse
uses are designed to store products in bulk. By reducing the
amount of the commodity that can be stored on the premises the
structure then becomes less desirable for this type of use.
Large distributors would be forced to warehouse their product in
multiple buildings reducing their efficiency. It should be noted
that importers of high priced smaller items or wholesalers that
do not have a full range of products do find the smaller
buildings desirable. However, an undesirable effect of such a
policy could be an intense development of warehouse use buildings
that would be just under the size requirement set. When the City
set the size requirement for warehouse uses at 50,000 square feet
in 1989, the vast majority of buildings built since that time
have been less than 50,000 square feet. (See Appendix
Fortunately this size building can accommodate both manufacturing
and warehouse uses. If the City sets a limitation of a 25,000
square warehouse, it could result in the development of only
25,000 square foot buildings within the M-Zone. Buildings of
this size would be less desirable for most manufacturing
operations.
(2) Elimination: The alternative would be to
eliminate the warehouse use in the M-Zone altogether. By
eliminating the warehouse use as an acceptable use in the M—Zone
it would insure that most new construction would be for
industrial uses. The elimination of warehouses uses may require
an amendment to our General Plan. The total elimination of
warehouse uses in the M-Zone could have a substantial impact on
10
property values. Without warehouse use the property owner would
lose a majority of the current real estate market because his
property would be limited to almost exclusively industrial uses.
Further, it would be very difficult for a property owner to re -
market his building after a manufacturer moves out due to lack of
a market. Potentially more buildings could become vacant. If
the building were to remain unoccupied for more than one year, it
would have to be brought up to current code requirements at
substantial expense. Lastly, it is possible that manufacturers
may have their leases revoked or not renewed by the property
owner prior to such an ordinance taking effect in order for the
owner to establish a grandfathered warehouse use. This could
have the reverse effect of what the City is trying to accomplish.
In response, the City could amortize the conversion of all
existing buildings over a set time period. Given the stated
reasons, it is recommended that the size of the warehouse
limitation not be changed at this time.
B . Fstabi_i-sh a Mi ni m»m —Lot i 7p - The City of Vernon's
current Zoning Ordinance prohibits the construction of a
warehouse in excess of 50,000 square feet in the M-Zone. The
only exceptions to this rule are cold storage facilities and an
accessory warehouse with a conditional use permit. Typically,
most new developments have a floor to area ratio of 55 to 600k
depending on the lot configuration. This ratio is driven by the
number of truck and automobile parking and loading spaces. If
parking was provided on the roof, or within a parking structure,
the ratio would rise substantially. For a lot coverage ratio of
11
55% a 55,000 square foot building would require a 100,000 square
foot lot or approximately 2.3 acres. A coverage ratio of 60t
would require a 1.9 acre site. The City currently has 301 lots
that are in excess of 2 acres, and 180 lots over 3 acres in size.
See Appendix "2" for a list and a map showing all properties over
2 acres.
One proposal is the adoption by the City of an amendment to
the zoning ordinance that would restrict the subdivision or
adjusting of Lot lines for all lots or merged lots 3.0 acres or
greater. The proposal is to limit the subdivision of lots in
excess of 3 acres so that no newly created lot will be less than
3 acres. The intent of this ordinance would be to preserve
industrial sites. A merged lot is defined as lot's tied together
by a recorded instrument.
If a Developer were to construct a building to be used
solely as a warehouse in the M-Zone on a 3.0 acre site he would
be limited to a floor area to lot area ratio of 38t since the
building would be limited to 50,000 square feet in size. If the
lot is oddly configured this may be acceptable. However, if the
lot were rectangular in shape the Developer could construct an'
industrial building with a floor to area ratio of 55t or a 72,000
square foot structure on the site. This would clearly drive the
Developer, due to economic constraints, to develop a building on
this site for industrial purposes rather than for a warehouse
type use. Typically in speculative construction the aim is to
construct the maximum square footage of building on a lot. The
price of the property is normally driven by the size and
12
driven by the size and functionality of the building.
On the negative side, the prohibition of subdividing large
parcels into lots less than three acres in size could shut out
the small manufacturer from suitable sites. Most of the
development in Vernon has been the redevelopment of large
industrial sites. The small manufacturer will be excluded from
these business parks. However, the vast majority of properties
in Vernon are less than 3 acres in size. This equates to
approximately 500 of the land. These smaller properties could be
utilized by the small manufacturer, however these would be stand
alone buildings and the lot sizes may not meet their exact need
specifications. For example a small manufacturer may only need a
75,000 square foot lot but the only lot available is 100,000
square feet. Given current subdivision rules a developer would
be able to subdivide a larger lot to meet the exact needs of the
business.
An alternative would be to allow only one lot of a
subdivision of a property in excess of 3 acres to be less than 3
acres in size. This would give the developer much more
flexibility and open the market to small manufacturers. The down
side is that one lot of the subdivision could be used for
warehousing. For example if there is a 5 acre lot under the
previous proposal it could not be subdivided and a developer
would have to find a single user who could use the entire site.
The second proposal gives the developer more flexibility. He
could subdivide the 5 acres into 3 and 2 acre sites, or 3.5 and
1.5 acre sites depending on his client's need. It should be
13
noted that most businesses do not want to be in the development
business. They typically want to enter into an agreement with a
development contractor who can deliver a building meeting their
specifications. The more flexibility given to the developer the
more likely he will meet his clients needs. Given these factors
it is recommended that the City approve an ordinance establishing
the lot size as follows:
Single or merged Lots 3 acres or more in size may only have
their boundaries adjusted or be subdivided so that only one lot
is created less than 3 acres in size. All sites created shall be
of sufficient size so that a building can be constructed on the
site. All lots must have a minimum 150 foot frontage on a public
street.
The Subdivision Map Act provides that a local agency must
limit its review and approval of a lot line adjustment "to a
determination of whether the parcels resulting from the lot line
adjustment will conform to local zoning and building ordinances".
Further, a local agency shall not impose conditions or exactions
on its approval of a lot line adjustment except to conform to
local zoning and building ordinances, or except to facilitate the
relocation of existing utilities, infrastructure or easements".
The City currently has minimum lot sizes for slaughtering,
rendering and residential uses. City staff believes that it
would be appropriate to establish minimum lot sizes for all uses
in order to encourage development in accordance with the General
Plan and discourage the creation of smaller lots. It is
recommended that a minimum lot size of 3/4 acre be established
14
for commercial and general office, and 1 acre for all other uses
with exception of residential uses which already have minimum lot
size requirements. Additionally it is recommended that each lot
shall have a minimum lot frontage along a public street of 150
feet. City owned property should be exempted from the minimum
lot size and frontage requirements.
The creation of a minimum lot size of 1 acre for warehouse
and industrial uses will easily accommodate the construction of a
20,000 square foot building on a square or rectangular site,
while providing ample room for truck parking, loading and access
requirements. Lots of smaller sizes become non-functional for
proper site development since truck maneuvering will become
increasingly difficult, requiring a disproportionate share of the
lot to be utilized for truck maneuvering, eventually creating a
situation where the only way to practically develop the site is
to place the driveway directly in front of the loading docks,
which encourages trucks to back into the docks from the street.
Figure 1 shows a typical development of a one acre lot.
Office and commercial uses do not have the same trucking
requirements as industrial and warehouse uses. However,
automobile parking needs are far greater on a square foot basis.
The establishment of a minimum 3/4 acre parcel for these office
and commercial uses will both accommodate the occasional need of
large semi trucks and the parking needs of these types of uses
while providing an appropriate size structure.
The lot frontage requirements were driven by the need to
provide appropriate onsite truck maneuvering. Figures 2 and 3
15
show typical site development patterns. In both cases, in order
to provide proper driveway widths, maneuvering areas and staging
areas, a 150 foot frontage is required.
The City of Vernon currently has a floor to area ratio (FAR)
of 2 times the buildable area of a lot for the M and M-2 Zones,
and 4 times the buildable area of a lot in the CM Zone. In other
words in the M Zone you can build a two story building over the
entire lot. However in order to accommodate this ratio you would
have to either provide parking on a separate lot, on the roof,
subterranean or in a parking structure. In the past 10 years the
parking and loading requirements have driven the amount of
building constructed on a lot. We have had no parking structures
constructed. one building was retrofitted to accommodate rooftop
parking and two buildings provided a portion of their parking
within subterranean structures. Several buildings provided
parking on separate lots.
This concept would create a low floor to area ratio (FAR).
for warehouse uses and higher FAR ratios for industrial uses.
For example the City could create a FAR for warehouse uses of '.40
and leave the existing FAR for industrial uses. Therefore, if
you have a 100,000 square foot lot the maximum size warehouse
that could be constructed would be 40,000 square feet. In
contrast, under our current zoning regulations, if parking is
provided on a site, a developer can expect to construct to a 55t
FAR coverage. So for a 100,000 square foot lot you could
construct a 55,000 square foot industrial facility. Given the
M,
option a developer most likely will construct a building that
maximizes the building intensity. This would give him his
highest profit. Therefore given the choice of being allowed to
construct to a .4 FAR for a warehouse or a 2.0 for an industrial
building, they are most likely to construct the building with the
maximum square footage.
The major problem with this concept is the fact that the FAR
is usually based on the needs of the use. Typically a use that
employs numerous people would have a lower FAR than a business
that has few people working. Manufacturing uses have
substantially higher parking needs. Industrial businesses often
require that equipment be installed outside. A warehouse has few
employees and therefore their parking requirements are less, nor
do they have the need for outside equipment. Warehouse uses
typically have higher truck parking needs. The excess outdoor
space would tend to attract outdoor storage.
Given these factors, by instituting a lower floor to area
ratio for warehouse uses, the result would be contrary to typical
planning strategies. Therefore the implementation of this policy
could have potentially negative perceptions by the public.
D. Prohibit Multi -Tenant Uses
The City of Vernon currently allows a building to be
utilized by more than one tenant. The uses can either be mixed
such as a warehouse sharing a building with a manufacturer or the
building could be used solely for one use. The zoning ordinance
allows in the M-Zone, a maximum of 50,000 square feet of
warehouse or wholesale use on a single lot. The concern is that
17
if the City is successful in having larger buildings constructed
in the M-Zone, that 50,000 square feet of the building would
immediately -be dedicated to a warehouse use. Therefore if we
implement a minimum lot size of 3 acres the Developer could
construct a building 72,000 square feet in size and turn around
and lease 50,000 square feet to a warehouse use defeating our
General Plan goal. The good news is a portion of the building
would be dedicated to a manufacturing use. The bad news is that
the majority of a building would be for a warehouse use.
The dilemma is that most users of a large building cannot
readily use the entire structure. They may lease a large
building and sublease a portion until their growth can
accommodate the remaining space. Often businesses are limited to
a search of properties that are available. Sometimes the only
structure that meets their needs is a smaller space within a
larger building. If we were to eliminate multi -tenant buildings
owner's would lose much of their flexibility resulting in lower
lease rates and the possibility that it would take them in excess
of one year to find a tenant. The property owner would then be
further impacted by not only losing the lease income, but also
having to bring the building up to code.
It is recommended that this option not be considered at this
time.
E. Allow existing buildings used for warehouse purposes
in excess of 75,000 square feet the ability to convert
back and forth between warehouse and industrial uses
The City of Vernon's Comprehensive Zoning Ordinance permits
a warehouse and wholesale use up to 50,000 square feet in size
18
within the M-Zone. Any warehouse or wholesale use currently
existing in excess of 50,000 square feet would be considered non-
conforming. Section 26.4.6-1 of the Zoning Ordinance states that
a non -conforming use may be continued providing that it shall not
be expanded or extended into any other portion of the building.
Section 26.4.6-3(d) states that the non -conforming building
or use shall be completely removed or altered to structurally
conform to the uses and development standards within forty years
of January 1, 1989. Finally Section 26.4.6-8 states that a
property in the M-Zone improved with a building area of more than
50,000 square feet but less than 75,000 may subsequently be
utilized for either industrial or warehouse purposes until
January 1, 2014. If on January 1, 2014 the property is used as a
warehouse, then it may continue to be so utilized. If it is
thereafter converted to an industrial use it may not be
reconverted to warehouse use.
Therefore a building less than 75,000 square feet can be
utilized as either a manufacturing or warehousing facility until
the year 2014. However, a building over 75,000 square feet does
not have this luxury. If the building is currently utilized for
an industrial use, then it must remain an industrial use. If the
building is currently used for warehousing it may continue to be
utilized as a warehouse use until the year 2029. If the
warehouse use is converted to an industrial use prior to 2029
then it must remain an industrial use.
Given these parameters, property owners have found that
larger buildings are much easier to lease for warehouse purposes.
19
With this in mind they are very reluctant to lease their building
to a manufacturer. This ultimately closes the market of large
industrial type buildings to the manufacturing community.
Realtors have stated that property owners refuse to lease their
large buildings to manufacturers because of the limitation it
places on the structure. City staff is aware of only one
existing building that has been converted from a warehouse to
manufacturing. There currently exist approximately 109 buildings
in excess of 75,000 square feet within the City. See Appendix "3"
for a list of the sites.
The proposal is to allow buildings currently utilized for
warehouses in excess of 75,600 square feet to have the ability to
convert back and forth between manufacturing and warehousing
until January 1, 2014. This would open the market of large
buildings to manufacturing uses. The property owner would have
more of a market to select from. Given the fact that
manufacturers may have costs associated with moving equipment
they typically will sign longer term leases giving the property
owner financial stability. The City policy is advanced by having
the opportunity of trying to attract and retain manufacturing
uses by having more buildings available for that potential. If
things remain status quo the property owner will continue to
lease only to warehouse uses. Buildings owned by such businesses
as Smart and Final, Jetro, Four Seasons, Ernest Paper, and Sears
will continue to be utilized only as warehouses if they come on
the market.
It is the staffs recommendation that the Zoning Ordinance
20
be changed to allow buildings currently utilized for warehouse
purposes to have the ability to convert between manufacturing and
warehousing until January 1, 2014. Those buildings currently
used for manufacturing will not be given this opportunity since
they are presently conforming uses.
II. ESTABLISH NEW ZONING DISTRICTS
The City could develop new zoning districts. Within these
districts development standardscould establish warehouse size
limitations, new floor to area ratios or minimum lot sizes. The
City has made a study to determine the location of large lots
that currently exist within Vernon to determine if there is a
concentration of these lots in one specific location within the
City. Attached is Appendix "2" which is a list and aerial photo
showing the location of all existing parcels in excess of 2
acres. The map clearly shows that these parcels are spread
fairly evenly throughout the City and therefore no specific area
could be targeted on lot size alone.
The City could, however, target any area and develop zoning
requirements that would preclude any use other than
manufacturing. The most logical area to target would be those
areas where redevelopment is most likely to occur. One location
that could be considered for a special zone designation would be
the property located between Alameda Street and Santa Fe Avenue
south of 55th Street. This area contains the former Domtar site
and U.S. Steel building. Another location that could be
considered is the property just east of Seville Avenue west of
Alcoa Avenue south of 50th Street and north of Slauson Avenue.
21
This section of the City would include the Alcoa, NI Industries,
Sears and Owens -Brockway sites. See appendix "4" which is an
aerial photo depicting these areas. This concept would have the
same negative impacts as those previously discussed, just on a
smaller scale.
III. Create an Economic Disincentive for Warehouse and
Transportation Related Uses
Warehouses, truck terminals and intermodal facilities
generate substantial numbers of trucks. The great volume of
trucks has adversely impacted. the City's circulation system.
Trucks often maneuver in the streets as they back up to onsite
truck docks causing significant delays to the traveling public
and adversely impact emergency response. Just as detrimental to
the circulation system are the long Port Trains traveling to the
intermodal facilities on the north side of the City. These
trains must travel slow and often stop prior to entering the
railroad yards causing significant delays on City streets. The
City has enacted Zoning Policies that would require all truck
maneuvering to be performed onsite. However the City has been
forced to consider constructing expensive Public Works Projects
in order to alleviate the substantial congestion caused by the
slow moving trucks. The contemplated projects include the
reconfiguration of the 710-Atlantic/Bandini Boulevard
Interchange, Grade separations at Bandini Boulevard, District
Boulevard and Slauson Avenue over Downey Road and the Union
Pacific Railroad, the Alameda Corridor, the construction of a new
Interchange at Route 710 and Slauson, the widening of Soto Street
from Bandini Boulevard to Olympic Boulevard and improvements to
22
26th Street so that capacity on this roadway can be increased.
Not only do the trucks cause substantial congestion, they
are the primary cause of pavement failure. Roadways are designed
based on the number of repetitive truck loads. Automobiles have
no impact and are not considered in pavement thickness design.
The more trucks, the thicker the pavement must be designed. One
overloaded truck could potentially cause the pavement to
prematurely fail. Given the number of trucks that travel on City
streets the pavement must be resurfaced at an accelerated pace
when compared to typical arterials and local streets of
neighboring communities. If the City fails to resurface the
street in a timely manner full reconstruction could be required.
Lastly, trucks are involved in approximately.40 percent of all
vehicular accidents within the City.
Therefore the industries causing the truck movements should
pay their fair share for road improvements and other City
services. Typically warehouses, truck terminals and intermodal
facilities contribute very little money to the General Fund.
Since the City of Vernon is an industrial community it receives
very little gas tax and other state funding earmarked for
roadways because the funds are distributed based on population.
Therefore the vast majority of roadway improvements within the
City are paid for out of the City's General Fund.
The General Fund must also pay for Police and Fire
Department services. Each local community must decide where
every dollar must be spent. Typically the decision of whether
the infrastructure of the City should be maintained, or police
23
and fire protection be preserved is a difficult one.
An alternative would be to supplement the City Is General
Fund with a tax or impact fee on those creating the truck
movements causing damage to the public streets and adding to the
congestion on our circulation system. The City recently approved
a parcel tax of 1 cent per square foot on properties used for
trucking and warehousing activities.
It appears that the City could achieve two goals with one
mechanism. As stated previously the City goal established in the
General Plan is to maintain and attract industrial uses. If the
tax or impact fee were high enough it would cause warehouses and
transportation related uses to reconsider staying or moving into
Vernon. If truck intense businesses don't move into -Vernon then
the funds generated by that business are not needed because the
circulation and roadway surface would not suffer the abuse caused
by their vehicles.
Last Year, the City council adopted Ordinance No. 1057,
which among other things established a special parcel tax on
warehouses, truck terminals, freight terminals and other
distribution facilities. The ordinance was approved by the
voters of the City on April 14, 1999. The City Council then
passed a resolution setting the tax at the maximum rate allowed
by the ordinance — $1.00 per 100 square feet of land
(approximately $436.00 per acre). Proceeds of this tax are
earmarked for construction, improvement and maintenance of
streets, bridges and other public rights -of -way, including
acquisition of land.
24
However, the small tax currently in effect is not
substantial enough to deter the trucking uses from entering the
City. The average lease rate for a Class A warehouse building in
Vernon is approximately $0.40 per square foot per month.
Therefore the lease for a 50,000 square foot warehouse per year
is $240,000.00. A class B building would be approximately 3/4 of
this, while a class C building would be one half. In comparison
given a lot coverage of 55t the current annual parcel tax for the
same size building is $909.09. While the parcel tax will collect
over $400,000.00 for the City annually, it is far from covering
the City's total public works and capital improvements budget.
The parcel tax is less than 0.4t of the annual cost of the
revenue gained on the property. In order to deter a warehouse
use or transportation related use the annual tax would have to be
in the range of 8t of the lease rate. At this cost, the
mentioned uses may consider relocating to other sites away from
the Los Angeles urban core. The City tax would offset any added
transportation costs. This balancing effort would cause the
warehouse and trucking uses to consider alternative sites. If a
warehouse decided that Vernon was still the prime location for"
their business, the tax would offset the detrimental effects that
their trucks would cause in our community. The funds received
could be used for much needed roadway and circulation
improvements. An 8t tax of the lease rate would result in a tax.
of approximately $.211 per square foot per year or $9,191.00 per
acre per year. This would be 21 times the current rate. The
property tax for that above -mentioned 50,000 square foot building
25
would be $19,200.00 per year.
The City Attorney has looked at the legal question of
raising the tax to the level of $20.00 per 100 square feet.
Despite the size of the increase, the City Attorney has concluded
that the increase would be legally justifiable both as a means of
raising additional revenue for street construction and
maintenance and as a means of discouraging non -industrial uses.
A tax increase would require voter approval at a general or
special election. Under the state Elections Code, a special
election on a measure submitted to the voters by a legislative
body can be scheduled between 88 and 103 days after the call for
the election. Staff suggests bringing the parcel tax issue back
to the Council for a progress report on August 1, 1999, and that
August 17, 1999 be targeted as the date for adoption of an
ordinance increasing the tax and the necessary resolutions for
scheduling the election. This would enable the Council to
schedule a special election between November 13 and November 28,
1999, if the.Council so chooses.
The City of Vernon's zoning ordinance currently restricts
the conversions of buildings over 75,000 square feet from being
converted from manufacturing to warehouse. As mentioned
previously, property owners are reluctant to lease their
buildings that are in excess of 75,000 square feet which are
currently warehouse to a manufacturing use. If the tax is
implemented the City should consider removing the restriction of
conversion of large manufacturing buildings to warehouse uses.
Given this opportunity, the property owners may be more willing
26
to accept the tax. If this option is not provided the City will
be giving them the impression that they are being trapped into
converting their building into manufacturing use in perpetuity.
Staff recommends that the maximum rate of the parcel tax on
warehouse and transportation related uses be increased to $20.00
per 100 square feet of gross area of land. If the City council
concurs, staff should be directed to return to the Council in
sixty days with the necessary ordinance and a resolution calling
for an -election.
III. REDEVELOPMENT PROGRAMS
The Vernon Redevelopment Agency was formed in 1991. In 1998
additional area was added. Approximately two thirds of privately
owned property in the City is within the Redevelopment Area. The
vast majority of property that has not been included in the
redevelopment area consists of new construction, the Los Angeles
River and railroad property.
The Redevelopment Agency, to date, has not been very active.
The primary reason
is lack of funds.
The Agency was
formed
in
1991. At that time
real estate prices
reached their
peak.
Since
the agency's formation the economy has been mired in a
recessionary period. The City and County have been in a long
battle over establishing the base year property value. However,
the economy recently began to rebound and the Agency has begun to
receive a limited amount of funds from its share of the tax
increment. At this time it is difficult to determine whether
the Redevelopment Agency will accrue substantial funds to
27
actively provide business assistance programs to the community.
If substantial tax increment is available, the Agency could
consider paying some of the development costs or providing GAP
financing in order to assist a developer in attracting
industrial uses that the City has targeted as being desirable.
The Redevelopment Agency could also purchase small
contiguous, blighted lots. These lots could then be merged to a
size desirable for industrial uses. This concept was one of the
goals of the Redevelopment Plan. However, lack of tax increment
has limited the agencies ability to meet this goal.
The Agency proposes a land assembly program for the purpose
of assembling parcels of property into sites suitable for
industrial type development. The property would.then be
transferred to the private sector for development. The Agency's
efforts in assembling land would be applied in selective cases.
The Agency could assist in the selective assembly of parcels of
land through negotiated purchase or acquisition. The objective
of the program would be centered on the elimination of existing
blighting conditions, such as parcels suffering from a lack of
proper utilization, and may also assist owners in complying with
the lot coverage and circulation ordinance anticipated to be in
effect in the year 2009.
Land Assembly would likely take place in response to
property owner or developer initiated efforts, in which public
participation is required to assemble property needed for the
expansion of existing uses or for the creation of a site capable
of development for new uses. The Agency may also choose to
KU
participate in the acquisition of property which an existing
owner may desire to sell, or to acquire certain parcels for
infrastructure or public facilities purposes.
Relocation assistance and payments would be required for
properties acquired by the Agency which contain business and
residential occupants. A redevelopment agency is required by law
to provide relocation assistance to safeguard businesses and
residents.
The land assembly program may also include site preparation
activities such as demolition and assistance for environmental
remediation.
ataffreport.submor
29
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APPENDIX "2 ii
PARCELS WITH 2 OR MORE ACRES WITHIN THE CITY OF VERNON
Parcel Number
Address
Acres
6302-001-030
2626
26th Street
4.41
+
6302-001-042
2720
26TH Street
2.49
+
6302-002-031
2727
37th Street
15.00
6302-002-020
2169
37th Street
7.67
+
6302-002-029
2600
28th Street
3.07
+
6302-002-030
2600
28th Street
9.25
+
6302-003-019
2600
26th Street
8.67
+
6302-006-021
2275
37th Street
3.24
+
6302-006-023
2825
Santa Fe Avenue
2.12
+
6302-006-012
2929
Santa Fe Avenue
2.12
+
6302-007-023
2801,
2803, 2807
and
2809 Santa Fe Avenue
3.84
+
6302-007-022
2727
Santa Fe Avenue
2.47
+
6302-009-015
2622
Alameda Avenue
1855
27th Street
3.45
+
6302-009-031
2011,
2025 and
2031
27th Street
3.06
+
6302-009-028
1820,
1840, 1842
and 1844
27th Street
2.10
+
1
6302-009-029
2036, 2038 and
2040
27th Street
2.09
+
6302-009-035
2750
27th Street
2.14
+
6302-009-028
1862
27th Street
2.81
+
6302-009-028
2036,
2038 and
2040
27th Street
2.37
+
6302-009-030
2828
Alameda Street
5.10
+
6302-010-013
2910
Ross Street
4.39
+
6302-010-014
2121
37th Street
2.18
+
6302-010-002
2891, 2895, 2901,
3.10
±
2911
Saco
6302-011-011
2910
Alameda Street
2030
Ross Street
3.57
+
6302-015-030
3851
Santa Fe Avenue
2.50
+
6302-016-028
2230
Santa Fe Avenue
9.27
+
6302-016-026
2100
38th Street
8.27
+
6302-017-045
4200
Alameda Street
2.50
+
6302-017-901
4305
Santa Fe Avenue
8.16
+
6302-017-025
2301
Vernon Avenue
6.04
+
6302-017-026
2263
Vernon Avenue
4.47
+
6302-017-024
2041
& 2047 Vernon Ave.
6.07
+
6302-017-043
1931,
2001, 2035,
3.67
±
Vernon
Ave
6302-017-022
1913
& 1925 Vernon Ave.
6.00
+
-2-
6302-017-030
2050
38th Street
4.06
+
6302-020-038
2522
& 2602 38th Street
5.20
+
6302-020-039
2610,
2640 and
2660
38th Street
3.68
+
6302-020-038
2528
& 2608 38th Street
6.20
+
6302-020-040
3751
& 3775 38th Street
6.80
+
6302-020-023
****
2.29
+
6302-020-041
2727
Vernon Avenue
6.98
+
6302-020-024
2601
Vernon Avenue
2.00
+
6302-020-026
2501
& 2503.Vernon Ave.
3.51
+
6302-020-021
2677
Vernon Avenue
2.29
+
6302-020-042
2801
Vernon Avenue
2.50
+
6302-020-047
3870
Seville Ave
2.38
+
6302-020-056
Various
7.07
+
6302-020-057
2730
& 2750 37th Street
2.38
+
6303-001-007
2850,
2860, 2890
and 2900 Sierra Pine
3.06
+
6303-001-009
3430
26th Street
5.11
+
6303-001-004
3492
26th Street
3.48
+
6303-001-003
3540
26th Street
2.81
+
6303-001-008
Various - Bandini
9.98
+
6303-001-605
3305
Bandini Blvd
7.32
+
6303-001-001
3333
Bandini Blvd
10.76
+
-3-
6303-002-025
3220
26th Street
14.50
+
6303-002-026
3250,
3252 and
3254
26th Street
5.48
+
6303-002-021
3260
thru 3278
10.66
+
26th
Street
6303-002-011
3001
Sierra Pine Avenue
2.58
+
6303-002-011
3001
Sierra Pine Avenue
2.19
+
6303-002-014
Various - Bandini Blvd.
2.69
+
6303-002-020
2939
Bandini Boulevard
3.67
+
6303-002-014
Various - Bandini Blvd.
4.23
+
6303-002-013
3109
& 3111 Bandini Blvd.
2.00
+
6303-003-015
2600
Soto Street
2.31
+
6303-003-010
2858
26th Street
2.52
+
6303-004-901
2800
Soto Street
2.61
+
6303-004-037
2820
Soto Street
2.12
+
6303-005-030
Farmer John - Vernon Ave.
2.78
+
6303-005-030
Farmer.John - Vernon Ave.
2.86
+
6303-005-030
3049
Vernon Avenue
4.53
+
6303-005-027
3095
Vernon Avenue
5.00
+
6303-005-019
-
2.50
+
6303-005-020
3163
Vernon Avenue
2.34
+
6303-005-022
3207
Vernon Avenue
2.46
+
6303-008-014
****
2.78
+
Se
6303-010-037
4301 Downey Road
2.44
±
6303-010-902
4355 Downey Road
3.50
±
6303-011-047
****
3.55
+
6303-011-047
3420
Vernon Avenue
2.36
+
6303-011-048
44th Street
3.57
+
6303-012-041
3055
44th Street
2.69
+
6303-013-042
2809
& 2825 44th Street
2.98
+
6303-013-055
3200
Vernon Avenue
2.00
+
6303-014-016
2801
& 2815 46th Street
3.80
+
6303-014-012
2957
& 2959 46th Street
3.97
+
6303-015-001
3060
44th Street
2.28
+
6303-015-002
3041
& 3051 46th Street
2.28
+
6303-016-005
3100
44th Street
3.84
+
6303-016-004
3250
& 3280 44th Street
2.90
+
6303-016-006
4510
Boyle
3.95
+
6303-019-015
4633
Downey
4.54
±
6303-019-014
3385
Leonis Blvd
2.18
+
6303-020-010
4700
Boyle
6.06
±
6303-020-010
4615
Alcoa
6.06
+
6303-021-005
4601
Boyle
2.50
+
6303-021-007
3501
Leonis
2.00
+
6303-022-003
2812
& 2834 46th Street
2.83
+
-5-
6303-023-008
4900
Soto
3.96
+
6303-024-012
2929
50th Street
2.34
+
6303-024-020
4901
Boyle
2.56
±
6303-024-004
4925
Boyle
2.00
+
6303-025-009
4800
Boyle
2.01
+
6303-025-013
4900
Boyle
4.00
+
6303-025-021
4926
Boyle
2.00
±
6303-025-022
4817
Alcoa
3.13
+
6303-026-001
3359, 3379, 3385
and
3399
50th Street
4.68
+
6303-027-900
Various
6.97
+
6303-027-900
Various
2.80
+
6303-027-003
3300
50th Street
2.36
+
6303-027-002
3301
Fruitland
2.31
+
6303-028-011
5055
Alcoa
2.68
+
6303-028-015
5008
Boyle,
4.14
+
6303-028-013
3211,
3221,& 3223 Fruitland
5125
Alcoa
4.38
+
6303-029-001
2910
50th Street
4.50
+
6303-029-001
2910
50th Street
4.10
+
6303-029-001
2901
Fruitland
4.00
+
6303-029-001
2901
Fruitland
4.40
+
6304-001-021
4368,
4382, 4400
and
-6-
4404
Bandini
2.44
+
6304-001-020
4408
Bandini
4.10
+
6304-001-018
4380
Ayers
4.10
±
6304-001-016
4398
Ayers*
2.97
+
6304-001-015
4440
Ayers
7.27
+
6304-001-023
2800
Ayers
4.09
±
6304-001-020
2900
Ayers
5.70
±
6304-002-008
4310
Bandini
4.26
+
6304-002-008
4310
Bandini
4.26
+
6304-003-001
4150,
4160 and
4170
Bandini
5.00
+
6304-003-001
Various
7.00
+
6304-003-008
4120
Bandini
3.10
+
6304-004-015
4240
Bandini
8.00
+
6304-004-004
2901
Sunol
4.08
+
6304-011-005
5000
District
2.00
+
6304-012-013
5100
District
2.60
+
6304-013-002
5010
Loma Vista
2.47
+
6304-013-025
5035
Gifford
2.18
+
6304-017-011
Various
50th Street
2.54
+
6304-018-018
****
2.15
+
6304-018-023
****
2.17
+
-7-
6304-020-024
****
2.41
+
6304-020-033
****
2.60
+
6304-021-013
4265
Charter•
2.00
+
6304-021-021
4295
Charter
2.13
+
6304-021-039
4320
Maywood
2.83
±
6304-021-043
4215
Exchange
3.50
±
6304-021-045
4321
Exchange
2.47
±
6304-021-055
4353
Exchange
4:09
±
6304-021-052
4383
Exchange
2.22
+
6304-021-806
4433
Exchange
2.33
±
6304-022-042
4423
District
2.00
+
6304-022-059
4575
Loma Vista
.2.37
+
6304-023-010
4309
& 4325 Fruitland
6.00
+
6304-028-015
4224
District
8.21
+
6304-028-015
4955
Maywood
6.23
±
6304-030-001
4500
Bandini
13.02
+
6304-030-002
4500
Bandini
2.45
+
6308-001-039
2721
45th Street
3.27
+
6308-002-016
4620
Seville
2.04
+
6308-002-012
2757
Leonis
2.86
+
6308-002-009
2727
Leonis
2.87
+
6308-002-900
2715
50' Street
5.84
+
-8-
6308-002-008
5001
Soto
5.10
+
6308-003-801
2657
Fruitland
2.43
t
6308-003-802
2657
Fruitland
4.62
+
6308-003-022
4900
Pacific
4.50
+
6308-004-013
2665
Leonis
4.58
+
6308-005-900
4462
Pacific
4.80
+
6308-005-012
4480
Pacific
3.40
+
6308-005-011
2651
45th Street
5.20
+
6308-005-010
2640
45th Street
5.08
+
6308-005-009
4553
Seville
2.10
+
6308=007-018
4400
Pacific
5.04
+
6308-007-019
4460
Pacific
6.12
+
6308-007-008
4600
Pacific
2.04
+
6308-0.07-012
4700
Santa Fe Avenue
2.92
+
6308-011-009
4950
Santa Fe Avenue
3.10
+
6308-011-011
2465
Fruitland
3.48
+
6308-012-022
2300
Vernon
3.90
+
6308-012-022
2300
Vernon
8.00
+
6308-012-016
4481
Santa Fe Avenue
3.80
+
6308-013-044
4510
Alameda
3.31
+
6308-014-032
1946
46th Street
5.39
+
6308-014-038
4768
Alameda
4.29
+
-9-
6308-014-025
Various 48" Street
4.32
+
6308-014-027
2311
48th Street
6.73
+
6308-014-029
2345
48th Street
2.00
+
6308-014-031
4601
Santa Fe Avenue
4.05
+
6308-015-063
4890
Alameda
2.96'+
6308-015-034
2034
Alameda
2.71
+
6308-015-043
4815
Santa Fe Avenue
6.40
+
6308-015-072
4890
Alameda
4.11
+
6308-015-044
4871
Santa Fe Avenue_
10.59
+
6308-015-031
2000,
2050 and
2100
49th Street
7.92
+
6308-015-020
2242,
2254 and
2288
49th Street
4.69
+
6308-016-010
2322,
2360, 2368 and
2380
515t Street
3.82
+
6308-017-031
Demo
6308-017-009
2200
55th Street
4.02
+
6308-017-030
5525
Santa Fe Avenue
4.50
+
6308-017-031
Demo
6308-017-031
Demo
2.40
+
6308-017-015
2001
Santa Fe Avenue
2.40
+
6308-017-015
2001
Santa Fe Avenue
2.20
+
6308-018-019
5819
2nd Street
7.00
+
-10-
6308-019-017
2300
57th Street
5.91
+
6309-001-001
5190
Santa Fe Avenue
2.07
+
6309-026-013
2700
Fruitland
2.07
+
6309-026-034
2750
Fruitland
2.04
+
6309-026-012
2700
Fruitland
9.46
+
6309-026-028
2726
Fruitland
2.44
+
6309-026-033
5225
Soto
7.66
+
6309-026-032
5401
Soto
4.85
+
6309-026-019
5525
Soto
18.02
+
6309-026-019
2737
54th Street
2.20
+
6310-001-010
2.91
+
6310-002-028
5333
Downey
2.25
±
6310-002-029
Various Downey
7.40
±
6310-002-032
5501
Downey
4.59
±
6310-002-031
5601
Downey
3.31
±
6310-004-014
5899
Downey
2.53
±
6310-004-008
3365
Slauson
4.00
+
6310-005-009
3.62
+
6310-005-010
2.06
+
6310-006-014
5705
Alcoa
5.17
+
6310-006-013
3251
Slauson
3.43
+
6310-007-006
3165
Slauson
2.22
+
-11-
6310-007-003
5800
Boyle
5.03
±
6310-007-008
5750
Boyle
3.25
+
6310-008-003
5401
Alcoa
10.30
+
6310-008-003
5401
Alcoa
10.30
+
6310-008-003
5401
Alcoa
10.30
+
6310-008-003
5401
Alcoa
10.30
+
6310-009-014
2900
Fruitland
8.46
+
6310-009-010
2825
54th Street
4.35
+
6310-009-015
4.02
+
6310-009-015
4.02
+
6310-009-019
5215
Boyle
4.84
±
6310-009-019
5215
Boyle
4.84
±
6310-009-019
5215
Boyle
4.84
+
6310-009-019
5215
Boyle
4.84
6310-010-007
Various 54th Street
5.00
+
6310-011-007
5675
Boyle
3.63
+
6310-011-007
5803
Boyle
3.30
±
6310-014-001
5600
Bicket
2.82
+
6310-015-021
5500
Soto
2.55
+
6310-027-037
Various
Slauson
2.70
+
6310-027-037
6152
Boyle
4.80
±
6310-027-037
6190
& 6174 Boyle
5.80
-12-
6310-027-022
6250
Boyle
7.20
±
6310-027-023
3200
& 3212 Slauson
6.18
+
6310-027-026
5991
Alcoa
2.11
+
6310-027-027
6077
Alcoa
11.25
+
6310-027-028
5920
Aloca
2.85
+
6310-027-039
5970
Alcoa
2.28
+
6310-027-030
6062
Alcoa
3.61
+
6310-027-031
6140
& 6118 Alcoa
4.75
+
6310-027-036
6180
Alcoa
2.28
+
6310-027-047
3338
Slauson
2.00
+
6310-027-048
3390
Slauson
2.71
+
6310-027-049
5990
Malburg
2.02
±
6310-027-053
6200
Malburg
2.17
±
6314-021-007
4925
& 4935 52nd Street
2.32
+
6314-022-008
2.80
+
6332-003-006
3030
Atlantic Blvd
3.00
+
6332-003-006
3030
Atlantic Blvd
2.50
+
6332-003-006
3030
Atlantic Blvd
7.00
+
5192-019-809
2.98
+
5192-029-014
3650
26tn Street
2.31
+
5192-029-018
3663
Bandini
6.97
+
5192-029-806
3677
Bandini
10.66
+
-13-
5192-029-810
3691 Bandini
2.69
+
5192-029-809
3691 Bandini
3.00
+
5192-029-807
3691
Bandini
2.60
+
5192-029-004
Various
26th Street
3.64
+
5192-029-803
3768
26th Street
3.50
+
5192-029-804
****
Bandini
6.21
+
5192-030-001
3840
26th Street
7.00
+
5192-030-009
****
Bandini
4.51
+
5243-022-010
3900
26th Street
5.41
+
5243-022-009
3-900
26th Street
2.01
+
5243-017-010
4560
26TH Street
3.89
+
5243-017-009
4560
26th Street
6.66
+
5243-017-012
4505
Bandini
3.72
+
5243-017-011
4651
Bandini
3.31
+
5243-018-010
4444
26th Street
7.27
+
5243-018-016
4440
26th Street
3.40
+
5243-018-014
4333
Bandini
4.73
+
5243-018-012
4425
Bandini
3.86
+
5243-018-011
****
Bandini
2.83
+
5243-019-010
4330
26th Street
2.45
+
5243-019-009
4366
26th Street
3.89
+
5243-020-010
4300
26th Street
4.10
+
-14-
5243-020-010
4300'
26th Street
2.34
+
5243-020-012
4214
26th Street
6.45
+
5243-020-013
4319
Bandini
5.71
+
5243-020-022
2701
Bandini
2.12
+
5243-020-019
4199
Bandini
2.10
+
5243-020-018
4199
Bandini
2.40
+
5243-020-014
4151
Bandini
2.15
+
5243-021-021
4100
26th Street
2.40
+
5243-021-021
4100
26th Street
2.40
+
5169-031-013
2835
26th Street
4.08
+
5169-032-008
3113
26th Street
4.10
+
5169-032-015
3137
26th Street
2.05
+
5169-033-014
3211
26th Street
4.24
+
5169-034-801
3305
26th Street
2.53
+
5169-034-010
3365
26th Street
2.48
+
Non usable property includes streets, Public Utility
right-of-way including. railroad property and the
Los Angeles River right-of-way.
parcels. acreage
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Exhibit "3"
Building In Excess of 7500 Square Feet In Size
CUSTOMER NAME
SERVICE ADDRESS
SIC
SQUARE
CODE
FEET
CLOUGHERTY PACKING CO
3049 E VERNON AVE
1
404,00
SEARS LOGISTICAL SERVICES INC 5525 S SOTO ST
�•�
WILLIA14S WAREHOUSE
K B MANAGEMENT CO
1925 E VERNON AVE
4225
352,400
KAL KAN FOODS INC
4815/4871 SANTA FE AVE
3316-3376 E 44TN ST
341,450
OWENS ILLINOIS INC I
PEARLMAN,
2900 FRUITLAND AVE
328168
310:750
DON
PEST INC
5819 2N0 ST
297,9006023
SLAUSON GIST CNTR LTD
ALCOA AVE
6100 S BOYLE AVE
��
RELIANCE STEEL & ALUMINUM CO
2500 E 26TH ST
Z/5'000
BYRON JACKSON PUMP
LASKEY
2300 E VERNON AVE
274,975
2
26,068
06
WEIL 11
OWENS ILLINOIS INC 1
2025 E 55TH ST
2628
,
SOUTHLAND BOX CO
2923 FRUITLAND AVE
4955 MAYWOOD AVE
2,0
OWENS ILLINOIS INC I
5137 BOYLE AVE
2645
224,400
5353 DOWNEY ASSOCIATES
5353-5401 DOWNEY Rp
222,900
PEP BOYS
JETRO
2640E 45TN ST
219,100
214,500
CASH & CARRY
OWENS
2300/2330 E 57rH ST
213,175
ILLINOIS INC I
PABCO PAPER
282UMO E 50TO ST.
204,200
CORE MARK DISTRIBUTORS INC
C BLVD
2311 E 4460 PACIFIC
ST
196,500
MOBIL OIL CORD
2619 E 37TH ST
193,150
PACKAGING ADVANTAGE CORP
46M DOWNEY RD
190,000
UNIVERSAL WAREHOUSES
ERNEST
3751 SEVILLE AVE
5199
186,328
182,575
PAPER PRODUCTS INC
SLAUSON
2727 E VERNON AVE
171,750
DIST CNTR LTD
U
6174-6190 S BOYLE AVE
169,000
S GROWERS COLD STORAGE INC
CALIFORNIA
2045 E VERNON AVE
167.600
WAREHOUSE
JENSEN
4455 FRUITLAND AVE
164,950
INC
L A DYE & PRINT WORKS INC
1946/1948 E 46TH ST
2131 E 52ND ST
3964
162,750
JERRY LEIGH OF CALIF INC
LASKEY
3113 E 26TH ST
2861
5137
159,000
158,255
VEIL II
MR REALTY COMPANY
1901 - 2023 E 55TH ST
158,050
RED CHAMBER CO
1931-2037 E VERNON AVE
4510 S ALA MEOA ST
155,500
SOTO INDUSTRIAL DEVELOPMENT
5400 S SOTO ST
151,400
ANGELUS SANITARY CAN CO
4900 PACIFIC BLVD
1".186
CONTAINER CORP OF AMERICA
2001 E 57TH ST
2631
142,900
141,800
CATELLUS DEVELOPMENT CORP
4507 NAYWOOO AVE
140,000
U S ALUMINUM
UNITED PARCEL SERVICE
3663 BANDINI BLVD
1791
139,750
PAUL DAVRIL INC
3333 DOWNEY RO
5401 S SOTO ST
3561
138,900
CONTAINER CORP OF AMERICA
2200 E 55TH ST
131,000
INTERNATIONAL BAKING
5200 S ALAMEDA ST
130,750
t29,725
CONCORD ENTERPRISES INC
PJK
2957 E 46TN ST
129,375
INC
ACME TRADING CORP
5175 S SOTO ST
2036E 27rH ST
128,
STANDARD PAPER BOX CORP
2301 E VERNON AVE
5199
128,42525
MT VERNON INDUSTRIAL LLC
3033-3063 BANOINI BLVD
128,100
127,300
CONCORD ENTERPRISES INC
2801 E 46TH ST
4225
122,625
U S GROWERS COLD STORAGE INC
3141 E 44TH ST
122,300
CENTRAL FURNITURE
TISSURAMA INDUSTRIES INC
2263 E VERNON AVE
122,225
EVERGREEN SCIENTIFIC
3001 SIERRA PINE AVE
2254 E 49TH S7
2621
121,043
MT VERNON INDUSTRIAL LLC
HANNIBAL
3001-3031 SANDINI BLVD
120,600
1
INDUSTRIES INC
3851 SANTA FE AVE
,0
118,450
CUSTOMER NAME SERVICE ADDRESS Sic SQUARE
CODE FEET
NORTON PACKAGING INC
ORVAL KENT-FOOD CO
KAL KAN FOODS INC
HANNIBAL INDUSTRIES INC
FLEETWOOD CONTAINER/DISP
JAMES STREET FASHIONS
PENNZOIL PRMUCTS CO
WHEN, JERRY
ANGELUS SANITARY CAN CO
GAUTIER LAND CO
KNITEX INC
CAL -WIRE STANDING
SANDBERG FURNITURE
KIM, MICHAEL
GENERAL MILLS INC
FIESTA CONCESSIONS CORP
U S CONTAINER CORP
UNICAL INTL, DBA
RELIANCE STEEL & AUXINUM CO
CONSOLIDATED METAL & SUPPLY
26TH ST INDUSTRIAL PARK
FOUR SEASONS GEN MERCHANDISE
KAREN KANE COMPANY
MOROWITZ, RALPH
TRANSAMERICA TRAILER SERVICE
TISSURAMA INDUSTRIES INC
MAAS NANSEN STEEL CORP
IMPRESSIONS
P Y T-SHIRT
U S CONTAINER CORP
PACKERS INVESTMENTS
L A DYE & PRINT WORKS INC
L A DYE & PRINT WORKS INC
7-UP BOTTLING CO
BASKIN ROBBINS USA CO
IVY HILL PACKAGING
PACIFIC COLD STORAGE INC
GREENLAND INDUSTRIES INC
PACIFIC COAST CHEMICAL
CATELLUS DEVELOPMENT CORP
SANDBERG FURNITURE
RELIANCE STEEL CO
OVERHILL FARMS
JFC INTERNATIONAL INC
MUTUAL WHSLE LIQUOR INC
SLAUSON DIST CNTR LTD
PRUDENTIAL INSURANCE
FILTROL CORP
VERNON WAREHOUSE
ELCO HILLCREST
CATELLUS DEVELOPMENT CORP
CHUA & SONS CO INC
ACADEMY TENT AND CANVAS INC
PACIFIC COLD STORAGE INC
5800 S BOYLE AVE
5001 S SOTO ST
3250 E 44TH ST
3837 SANTA FE AVE
2721 E 45TH ST
6062 ALCOA AVE
3430 E 26TH ST
2550 S SOTO ST
5050 PACIFIC BLVD
2800-2840 s ALAMEDA sT
3155 BANDiHi BLVD
3200 E SUWSON AVE
5705 ALCOA AVE
2803 SANTA FE AVE
4309 FRUITLAND AVE
2812/2834 E 46TH ST
4950 SANTA FE AVE
2608 E 37TH ST
2541 E 26TH ST
4600 SANTA FE AVE
3700 E 26TO ST
2801 E VERNON AVE
2275 E 37M sT
3193/3201 BANDINI BL
2600 S SOTO ST
2850-2900 SIERRA PINE AVE
2435 E 37TN ST
5500 S BOYLE AVE
2126 E 52ND ST
2465 FRUITLAND AVE
4215 EXCHANGE AVE
2021 E 52ND ST
5132 S ALAMEDA sT
3250 E 26TN sT
2529 E 37TN ST
4700 SANTA FE AVE
2809 E 44TH ST
2301/2303 E 55TH ST
5100 DISTRICT BLVD
4553/45V MAYWOOD AVE
3251 E SLAUSON AVE
2537/25S1 E 27TH ST
3055 E "TN ST
4353 EXCHANGE AVE
4510 S BOYLE AVE
6000 S BOYLE AVE
3260 E 26TH ST
3250 E WISHINGTON BLVD
2050 E 38TH ST
4355 FRUITLAND AVE
4551/4567 LOMA VISTA AVE
3300 E 5OTN ST
5035 GIFFORD AVE
2851 E 44TH ST
3079
2653
4225
3542
3312
4225
3412
4213
3462
5131
4225
2011
5161
2512
2819
3999
2819
116,775
115,400
113,973
113,900
112,800
112,575
112,400
110,000
108,673
106,500
106,500
104,680
104,1SO
103,650
102,675
102,000
101,673
100.000
99,550
98,888
97,500
97,500
96,812
96,800
96,600
94,350
93,S75
93,487
91,575
91,125
91,020
90,900
90,900
90,000
89,380
87,225
85,744
$4,750
84,025
84,000
83,678
83,625
83,600
83,360
82,200
82,200
81,320
81,260
81,200
79,200
77,900
76,836
76,500
75,469
raliv
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AFFIDAVIT OF POSTING
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF VERNON )
I, Gloria, J. Orosco, Chief Deputy City Clerk of the
City of Vernon, do hereby certify that on the 18th day of August,
1999, I did have posted three (3) copies of:
Ordinance No. 1076
One in each of the following places, to wit: at the
northwest corner of 38th Street and Santa Fe Avenue; the
northeast corner of Leonis Blvd., and Pacific Blvd.; and on the
bulletin board in the Lobby of the City Hall of the City of
Vernon, located at 4305 Santa Fe Avenue, all in said City, there
being no newspaper of general circulation printed and published
in the,�iC i ty of Vernon .,_,
91bria J . OroKco
Chief Deputy C' y Clerk
Date:
Subscribed and sworn to before
me this Sg{ of �}(�uc s� 1999
2� ► �- C
Notary Public `is$ and for the
County of Los Angeles, State of
California
ift
SHARON L. JOHNSON
Commission # 1225459�
Notary Public - California
Los Angeles County
I&MV Comm. EppIres Jun 21, 2003
CERTIFICATE
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. 1076 - An Ordinance of the City
Council of the City of Vernon Amending
Section 5.45 of Article IV of Chapter 5 of
the Code of the City of Vernon, California,
1959, Regarding a Special Tax on Parcels of
Real Property Used or Designed for Use as a
Warehouse, Truck Terminal, Freight Terminal,
a Railroad Facility or Other Distribution
Facility; Making Provisions for the
Assessment, Levy and Collection of Said Tax;
Establishing a Date for an Election to be
Held to Approve the Levy of Said Special
Taxes; and Declaring that Said Ordinance
Shall 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 18th day of August, 1999.
loria J. OroVyr
Chief Deputy Clerk
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 29TH day of July,
1999, I did have posted three (3) copies of:
A Notice of Public Hearing to be held August
17, 1999 to consider a proposed ordinance for
the increase of a special tax on parcels of
real property used or designed for use as a
warehouse, truck terminal, freight terminal,
or other distribution facility.
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 Verno
Subscribed and sworn to before
oria J. Or co me this of Gtt 1999
Chief Deput City Clerk
Date: gel
Notary Public n and for the
County of Los Angeles, State of
California
•`r Tw /
U. S. GROWERS COLD STORAGE, INC.
3141 EAST 44th STREET • LOS ANGELES, CALIFORNIA 90058
TELEPHONE (323) 583-3163 • FAX (323) 583-2542
City of Vernon
Attn City Clerk
4305 Santa Fe Ave
Vernon Ca 90058
April 19, 2013
RE: Rewording of Ordinance 1076/ Section5.45 to 5.47
RECEIVED
APR 2 3 2013
CITY CLERK'S OFFICE
Dear Mr. City Clerk (the following letter was sent to each council member and the City
Administrator),
I am writing to further clarify my objection to the proposed "clarification" that Kevin Wilson
proposed at the Vernon City Council meeting on April 16, 2013.
Ordinance 1076 (Special Parcel Tax) was put in place to address the burden that was placed on
Vernon's infrastructure owing to the increase in number of "dry goods" warehouses.
Vernon had long done its best to attract large consumers of electricity, but as the world market
has changed, there are fewer and fewer manufacturers that wish to be located in California. The
population, however, has continued to increase so distribution facilities have become more
prevalent.
These distribution facilities (dry goods warehouses) do not consume a significant amount of
electricity; they cause or create significant traffic and wear and tear on the City's services.
In 1999, in order to better distribute the expense of running the City, Ordinance #1057 was
amended to Ordinance #1076; which increased the Special Parcel Tax from .01/sgft of land to
.20/sgft of land.
The following excerpt is from the ordinance:
Whereas, the small maximum parcel tax which is currently authorized and which is currently in
effect is not substantial enough to deter trucking uses from entering the City or to offset the
detrimental effects that these businesses have on the City.
While, at first glance, the proposed rewording of Section 5.45 might seem to be quite logical it
is an oversimplification of what Ordinance #1076 was intended to accomplish.
The examples given, in the staff report, while technically accurate, are not wholly indicative of
the situation, current or potential.
The Staff report paints a scenario where, with the current wording of the ordinance, a facility
with both manufacturing and dry goods storage could be unfairly charged the Special Parcel Tax,
on the entire parcel
The flip side of this scenario is that, with the current wording of the ordinance, a manufacturing
facility, which is contributing to the City with large utility payments but has some dry storage
space, is exempt from the Special Parcel Tax; as was the intent of the original ordinance.
U.S. GROWERS COLD STORAGE, INC.
-*
For Example with the defined apportionment plan, as proposed:
Company "A" pays $2,000,000./year in electric bills but has 20,000 square feet of dry storage
space on the same parcel that consumes all of the electricity. They will have to pay the Special
Parcel Tax.
Company `B" (on the same size parcel as Company A) manufacturers a product that requires
very little electricity but their process takes up considerable space and causes considerable truck
traffic; they will be exempt from paying the Special Parcel Tax.
The apportionment process that is proposed seeks to answer these questions but it does so in a
way that is neither fair, just nor inline with the original intent of Ordinance #1076.
The complication arises when the Staff begins to quantify or apportion the use of the facility in
order to impose the Special Parcel Tax. Nearly all manufacturing facilities have space set aside
for storage. How much of that storage should be exempt from the Special Tax?
With the proposed apportionment language in place you will be, in effect, requiring City Staff to
assess each business needs for ancillary storage. That would, in turn force businesses to justify
their requirements and business model to City Staff in an effort to avoid paying the tax. The end
result would be a series of ad hoc taxing decisions with the obvious specter of abuse of discretion
and inequitable treatment of similarly situated parcels. Do you really want Vernon to go down
this road of inevitable litigation?
Furthermore, with the new Utility User Tax that has recently passed, Company
"A" will be paying an additional $20,000. on top of the Special Parcel Tax that they would be
required to pay for the percentage of building that was used for dry storage.
In effect, double taxing the type of company that has supported Vernon for so many years.
In closing, I would urge you to reconsider the original intent of Ordinance 1076 and rework the
new sections to comply with that intent. .
J. Corselli
Growers Cold Storage Inc.