Ordinance No. 10921
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ORDINANCE NO. 1092
AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF VERNON EXTENDING INTERIM ORDINANCE NO.
1091, MAKING FINDINGS WITH RESPECT THERETO,
DECLARING THE URGENCY THEREOF AND A BASIS FOR SAID
ORDINANCE TO TAKE EFFECT IMMEDIATELY
WHEREAS, the City of Vernon's current zoning ordinance does
not specifically address the establishment of Adult -Oriented Businesses
in the City; and
WHEREAS, on February 5, 2003, the City Council of the City of
Vernon adopted Interim Ordinance No. 1091, which prohibits the
acceptance of applications for, or the issuance of, permits for any
conditional use permits, building permits, occupancy permits, business
licenses, or any other permit required under the Vernon City Code for
any Adult -Oriented Businesses; and
WHEREAS, Interim Ordinance No. 1091 was adopted in order to
study applicable planning and zoning alternatives and the
constitutionally permissible and appropriate time, place and manner
regulations that may be imposed on Adult-Oriented'Businesses in the
City while trying to achieve the goals of facilitating public safety,
quality of life, property values and fostering a positive image of the
City on the part of businesses and residents; and
WHEREAS, Interim Ordinance No. 1091 was further intended to
enable the City Council to study the consequences of Adult -Oriented
businesses to public safety and aesthetic harms caused by Adult -
Oriented Businesses; and
WHEREAS, the City Council believes it is in the interest of
28 Ilthe public health, safety and welfare to extend the moratorium on such
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Adult -Oriented -Businesses declared by Interim Ordinance No. 1091 while
the City studies these issues; and
WHEREAS, Interim Ordinance No. 1091, by its terms, was
effective for a period of 45 days and will expire on March 22, 2003,
unless extended by this Ordinance; and
WHEREAS, Chapters 4.3(e) and 4.4 of the City of Vernon
Charter provide that an ordinance declared by the City Council to be
necessary as an emergency measure for the immediate preservation of
the public peace, health, or safety, and containing a statement of the
reasons for its urgency, may be adopted in the manner provided in said
Charter, except that such emergency ordinance may be introduced and
adopted at one in the same regular or special meeting, and shall take
effect immediately; and
WHEREAS, Government Code Section 65858 provides that without
following procedures otherwise required prior to the adoption of a
zoning ordinance, the legislative body, after notice pursuant to
Government Code Section 65090 and a public hearing, may extend an
interim ordinance previously adopted for a period of ten (10) months
and fifteen (15) days; and
WHEREAS, on March 6, 2003, the City posted a notice of a
public hearing for March 19, 2003, regarding the adoption of this
ordinance; and
WHEREAS, Interim Ordinance No. 1091 directed the City
Attorney to provide a written report to the City Council at least ten
(10) days prior to the expiration of the ordinance describing the
status of the measures that have been taken or need to be taken to
alleviate the condition that led to the adoption of the ordinance; and
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1 WHEREAS, the City Attorney has presented a report to the
2 City Council dated March 6, 2003, that recommends extension of the
3 moratorium; and
4 WHEREAS, a duly noticed public hearing on,this Ordinance was
5 held by the City Council on March 19, 2003.
6 THE CITY COUNCIL OF THE CITY OF VERNON HEREBY ORDAINS:
7 SECTION 1: The City Council of the City of Vernon hereby
8 finds and determines that the recitals contained hereinabove are true
9 and correct.
10 SECTION 2: The moratorium established by Interim
11 Ordinance No. 1091 is hereby extended for ten (10) months and fifteen
12 (15) days, provided, the moratorium shall not apply to the processing
13 of any development applications that the Courts of this State have
14 identified asfallingoutside the scope of the City°s authority to
15 halt.
16 SECTION 3: The moratorium established by Interim
17 Ordnance No. 1091, as extended by this ordinance, is in contemplation
18 of amendments to the Comprehensive Zoning Ordinance, as well as in
19 contemplation of the preparation and adoption of one or more specific
20 plans, and the City Council of the City of Vernon finds that
21 prohibiting the acceptance of applications for, or the issuance of,
22 permits for any Adult -Oriented Businesses is urgently required to
23 protect the public safety, health and welfare and that absent such an
24 interim ordinance, there would be an immediate threat to the public
25 safety, health and welfare and that the Ordinance is further necessary
26 to preserve and protect the orderly study of applicable planning and
27 zoning alternatives, and in order to permit the preparation and
28 implementation of the proper and necessary planning and zoning
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amendments and controls.
SECTION 4: The City Council finds that the facts
constituting urgency are as follows:
a. There is a current and immediate threat to the public
health, safety and welfare arising from the establishment of Adult -
Oriented Businesses in the City without first studying the adverse
effects and prescribing the constitutionally appropriate time, place
and manner regulations.
b. The United States Supreme Court has recognized that
adverse secondary effects associated with the establishment of Adult -
Oriented Businesses, "[m]unicipal governments know that high
concentrations of adult businesses can damage the value and integrity
of a neighborhood." City of Los Angeles v. Alameda Books, Inc. (2002)
535 U.S. 425.
C. The absence of any constitutional regulations on the
establishment of Adult -Oriented Businesses could result in their
proliferation in commercial districts and residential areas. The
presence of Adult -Oriented Businesses in inappropriate areas can pose a
threat to the public safety, diminish property values and otherwise
detrimentally affect the quality of life.
d. The City requires time to adopt a comprehensive
ordinance regulating the time, place and manner of Adult -Oriented
Businesses.
SECTION 5: The City Council hereby approves the Report to
City Council on Adult -Oriented Businesses prepared by the City
Attorney, a copy of which is attached hereto as Exhibit "A" and made a
part hereof and the City Council adopts the same as the report required
by Government Code Section 65858(d).
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SECTION 6: If any section, subsection, sentence, clause,
phrase or word of this Ordinance is for any reason held to be void or
unconstitutional, such decision shall not affect the validity of the
remaining portions of this Ordinance; it being the intention of the
City Council of the City of Vernon to pass and adopt this Ordinance and
each section, subsection, sentence, clause or phrase thereof
irrespective of the fact that one or more of the sections, subsections,
clauses, sentences or phrases thereof may be declared to be invalid or
unconstitutional.
SECTION 7: There being no newspaper printed, published or
circulated in the City of Vernon, the City Clerk is hereby directed to
certify to the passage of this Ordinance and shall post the same, or
cause the same to be posted, within fifteen (15) days after its passage
in accordance with Section 36933 of the Government Code, in three (3)
of the most public places in the City of Vernon, to wit: the northwest
corner of 38th Street and Santa Fe Avenue, the northeast corner of
Leonis Boulevard and Pacific Boulevard, and on the bulletin board in
the lobby of the City Hall of said City, located at 4305 Santa
Avenue, all in the City of Vernon, County of Los Angeles, State of
California.
SECTION 8: This Ordinance shall take effect immediately
upon adoption.
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SECTION 9: This moratorium shall be of no further force
or effect upon expiration of ten (10) months and fifteen (15) days from
the date of adoption, or February 3, 2004, unless extended in
accordance with Government Code Section 65858.
APPROVED AND ADOPTED this 19th day of March, 2003.
ATTEST: EONIS C. MAtZURGjMayor
BRUCE V. MALKEi4HORST, City Clerk
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STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I, BRUCE V. MALKENHORST, City Clerk of the.City of Vernon,
do hereby certify that the foregoing Ordinance, being Ordinance No.
1092, was duly and regularly introduced at a regular meeting of the
City Council of the City of Vernon, held on Wednesday, March 19,
2003, and thereafter was duly signed by the Mayor of the City of
Vernon, by the following.vote:
(SEAL)
AYES: Councilmen:Malburg, Ybarra, Gonzales, McCormick
NOES: Councilmen: None
ABSENT: Councilmen: Davis
v
BRUCE V. MALKENHORST, City Clerk
- 7 -
CITY COUNCIL
LEONIS C. MALBURG
Mayor
THOMAS A. YBARRA
Mavor Pro-Tem
WM. "BILL" DAVIS
Councilman
H. "LARRY" GONZALES
Councilman
W. MICHAEL MCCORMICK
Councilman
BRUCE V. MALKENHORST
City Administrator/City Clerk
FAX (323) 826-1438
CITY HALL
4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058
TELEPHONE (323) 583-8811
March 6, 2003
EDUARDO OCIVO
City Attorney
FAX: (562) 869-1883
KEVIN WILSON
Director of Communitv Services & 11'ater
FAX: (323) 826-1435
KENNETH J. DeDARIO
Director of Utilities
FAX: (323)826-1425
STEVEN E. PARKER
Fire Chief
FAX: (323) 826-1407
BRUCE W. OLSON
Police Chief
FAX: (323) 826-1481
Mr. Bruce V. Malkenhorst
City Administrator/City Clerk
4305 Santa Fe Avenue
Vernon, California 90058
Re: Report to City Council on Adult -Oriented Businesses
Moratorium
Dear Bruce:
On February 5, 2003, the City Council of the City of Vernon
adopted Ordinance No. 1091 declaring a moratorium on the acceptance of
applications for, or the issuance of, permits for any Adult -Oriented
Businesses pending further study.
The Ordinance requires my office to provide a report regarding
the status of the measures that have been taken or need to be taken to
alleviate the condition that led to the adoption of the moratorium
Ordinance.
At this time, we have not had an opportunity to amend the Zoning
Ordinance to address the issues raised regarding the Adult -Oriented
Businesses. Therefore, pursuant to Government Code Section 65858, I
recommend that the moratorium be extended. Towards that end,
Ordinance No. 1092 is being prepared for the agenda for the City
Council meeting of March 19, 2003. I believe we should be able to
provide a further status report respecting a final ordinance
addressing the issues raised in the near future.
If you have any questions or comments, please contact me.
Very truly yours,
Eduardo Olivo
City Attorney
■
CITY COUNCIL
LEONIS C. MALBURG
Mayor
THOMAS A. YBARRA
Mayor Pro-Tem
WM. 'BILL" DAVIS
Councilman
H. "LARRY" GONZALES
Councilman
W. MICHAEL MCCORMICK
Councilman
BRUCE V. MALKENHORST
City Administrator/City Clerk
FAX (323) 826-1438
CITY HALL
4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058
TELEPHONE (323) 583-8811
March 6, 2003
Mr. Bruce V. Malkenhorst
City Administrator/City Clerk
4305 Santa Fe Avenue
Vernon, California 90058
EDUARDO OLIVO
City Attorney
FAX: (562) 869-1883
KEVIN WILSON
Director of Community Services & Water
FAX: (323) 826-1435
KENNETH J. DeDARIO
Director of Utilities
FAX: (323) 826-1425
STEVEN E. PARKER
Fire Chief
FAX: (323) 826-1407
BRUCE W. OLSON
Police Chief
FAX: (323) 826-1481
Re: Report to City Council on Adult -Oriented Businesses
Moratorium
Dear Bruce:
On February 5, 2003, the City Council of the City of Vernon
adopted Ordinance No. 1091 declaring a moratorium on the acceptance of
applications for, or the issuance of, permits for any Adult -Oriented
Businesses pending further study.
The Ordinance requires my office to provide a report regarding
the status of the measures that have been taken or need to be taken to
alleviate the condition that led to the adoption of the moratorium
Ordinance.
At this time, we have not had an opportunity to amend the Zoning
Ordinance to address the issues raised regarding the Adult -Oriented
Businesses. Therefore, pursuant to Government Code Section 65858, I
recommend that the moratorium be extended. Towards that end,
Ordinance No. 1092 is being prepared for the agenda for the City
Council meeting of March 19, 2003. I believe we should be able to
provide a further status report respecting a final ordinance
addressing the issues raised in the near future.
If you have any questions or comments, please contact me.
Very truly yours,
C__av nth A,
Eduardo Olivo
City Attorney
AFFIDAVIT OF POSTING
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF VERNON )
I, Sergio Canales, Engineering Aide of the City
of Vernon, do hereby certify that I did, on the 6th day of
March, 2003, post three (3) copies of:
NOTICE OF PUBLIC HEARING, to be held on March 19,
2003, (see attachedcopy). The purpose of the hearing is
to consider the adoption of an ordinance extending the
moratorium on the issuance of conditional use permits,
building permits for buildings or facilities to be
constructed and/or occupancy permits or any other permit
required by the provisions of the Vernon City Code whose
principal` purpose would be the establishment of Adult
Oriented Businesses. The public is also invited to submit
written Comments prior to the hearing.
One in each of the following places to wit: At the
northwest corner of 38th Street and Santa Fe Avenue; the
northeast corner of Leonis Boulevard and Pacific
Boulevard; andonthe bulletin board in the lobby of the
City Hall of the City of Vernon, located at 4305 Santa Fe
Avenue, all in said City, there being no newspaper of
general circulation printed and published in the City of
Vernon.
Date: March 6, 2003
Sergio Canales, Engineering Aide
State of California
l ss.
County of Los Angeles )
On A 003before meA'.otary
Public, personally appeared Serg o Cana s, personally
known to me (or knewn ee-��e z satisfaetery
..; ae,..ee) to be the person whose name is subscribed to
the within instrument and acknowledged to me that he
executed the same in his authorized capacity, and that by
his signature on the instrument the person, or the entity
upon behalf of which the person acted, executed the
instrument.
WITNESS my hand and official
GLORIA J. OROSCO
l"A'A Comm. i 1370778 ''AA
V! ROTARY PUBLIC • CALIFORNIA V7
Lot Anyelee County "'
My Comm, Expires Au0.11,1008 rr
seal
J�
I
NOTICE OF PUBLIC HEARING
The City of Vernon will conduct a Public Hearing which
you may attend.
PLACE: Vernon City Hall
City Council Chambers
4305 Santa Fe Avenue
Vernon, CA 90058
■
TIME: Wednesday, March 19, 2003, at 5:00 p.m.
The purpose of the hearing is to consider the adoption
of an ordinance extending the moratorium on the issuance of
conditional use permits, building permits for buildings or
facilities to be constructed and/or occupancy permits or
any other permit required by the provisions of the Vernon
City Code whose principal purpose would be the
establishment of Adult -Oriented Businesses. The public is
also invited to submit written comments prior to the
hearing.
If you challenge the adoption of the ordinance placing
a further moratorium on the issuance of conditional use
permits, building permits for buildings or facilities to be
constructed and/or occupancy permits or any other permit
required by the provisions of the Vernon City Code whose
principal purpose would be Adult -Oriented Businesses, you
may be limited to raising only those issues you or someone
else raised at the hearing described in this notice or in
written correspondence delivered to the City of Vernon at,
or prior to, the meeting.
Dated: March 6, 2003
BRUCE V. MALKEN ORST,
City Administrator/City Clerk
CITY COUNCIL
LEONIS C. MALBURG
Mayor
THOMAS A. YBARRA
Mayor Pro —Tern
WM. 'BILL" DAVIS
Councilman
H. "LARRY" GONZALES
Councilman
W. MICHAEL MCCORMICK
Councilman
r9� r
EDUARDO OLIVO
City Attorney
FAX: (562) 869-1883
KEVIN WILSON
Director of Community Services & Water
FAX: (323) 826-1435
KENNETH J. DeDARIO
Director of Utilities
FAX: (323) 826-1425
STEVEN E. PARKER
Fire Chief
FAX: (323) 826-1407
BRUCE V. MALKENHORST CITY HALL BRUCE W. OLSON
City Administrator/City Clerk 4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 Police Chief
FAX (323) 826-1438 TELEPHONE (323) 583-8811 FAX: (323) 826-1481
March 11, 2003 C�'
City Council \®`�
City of Vernon qv
Honorable Members:
On February 5, 2003, this legislative body adopted Ordinance No. 1091
declaring a moratorium on the acceptance of applications for, or the
issuance of, permits for any Adult -Oriented Businesses pending further
study. At this time it is necessary that the moratorium be extended
and Ordinance No. 1092 be adopted, pursuant to Government Code Section
65858. Staff has not had an opportunity to complete their review and
the City Attorney's office will be submitting a report on a proposed
ordinance.
This has been reviewed
Community Services and
Ordinance No. 1092 be
BVM/gm
by the City Attorney and the Director of
Water and it is hereby recommended that
approved and adopted.
Very truly yours,
Bruce V. Malkenhorst
City Administrator/City Clerk
STATE OF CALIFORNIA )
COUNTY OF,LOS ANGELES)
CITY OF VERNON )
AFFIDAVIT OF POSTING
ss
I, Gloria Molleda, Deputy City Clerk, of the
certify that I did, on the /� / of PVV41
of:
City of Vernon do hereby
2003, post one (1) copy
ORDINANCE NO. 1092 - An Interim Ordinance of the City Council of
the City of Vernon Extending Interim Ordinance No. 1091, Making
Findings With Respect Thereto, Declaring the Urgency Thereof and
a Basis for Said Ordinance to Take Effect Immediately.
On the bulletin board in the lobby of the City Hall of the City of
Vernon located at 4305 Santa Fe Avenue, all in said City, there being
no newspaper of general circulation printed and published in the City
of Vernon.
Dater �O Aao
Gloria Molleda
Deputy City Clerk
State of California )
) ss
County of Los Angeles)
On 3 before me,
MQxt�e4
Personally appeared Gloria Molleda
Personally known to me
e�-Q.z�'��) to be the person ($) whose name (.a-) is/tee subscribed to the
within instrument and acknowledged to me that +te/she/ems executed the
same in h4rs/her/t -r authorized capacity,'and that by-hiQ/her/err
signature(.a-) on the instrument the person(sa, or the entity upon
behalf of which the person(-&� acted, executed the instrument.
WIT,`ESS my hand and official seal
MANUELA GRON
Commission � 1328374 z
Z Notary Public - California
Z Los Angeles County
My Comm. Expires Nov 4, 20O5
AFFIDAVIT OF POSTING
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES) ss
CITY OF VERNON )
I, Martha Valenzuela, Finance Office Manager, of the City of Vernon do
hereby certify that I did, on the of 2003, post two (2)
copies of:
ORDINANCE NO. 1092 - An Interim Ordinance of the City Council of
the City of Vernon Extending Interim Ordinance No. 1091, Making
Findings With Respect Thereto, Declaring the Urgency Thereof and
a Basis for Said Ordinance to Take Effect Immediately.
One in each of the following places, to wit: at the northwest corner
of 38th Street and Santa Fe Avenue; the northeast corner of Leonis
Blvd. and Pacific Blvd., all in said City, there being no newspaper of
general circulation printed and published in the City of Vernon.
Date:
Martha Valenzuela
Office Manager
State of California )
) ss
County of Los Angeles)
On 6 before me, V4&Yt(k 6-7(MA
Personally appeared /"t lr t t4 A V'q (Zg7adGC
Personally known to me ( r kn
--=_; to be the person (-a) whose name (s) is/.tee subscribed to the
within instrument and acknowledged to me that 4i:,--/she/.the-fir executed the
same in -hA-,s/her/th� authorized capacity, and that by 44-s/her/t:,4s4-a;
signature Fs) on the instrument the person(- , or the entity upon
behalf of which the person(tr) acted, executed the instrument.
W TNESS my hand and official seal
fuL0.PlLELA GIFdOtH
Commission # 1328374
Notary Public - California z
Los Angeles County
MyCamm. ExPin� Novo, 2005