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Ordinance No. 11001 PA 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. 1100 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VERNON AMENDING CHAPTER 26 OF THE CODE OF THE CITY OF VERNON, CALIFORNIA, 1959, BY ADDING ARTICLE VII TO CHAPTER 26 RELATING TO OUTDOOR ADVERTISING STRUCTURES WITHIN THE CITY, TERMINATING THE MORATORIUM IMPOSED BY ORDINANCE NO. 1083, DELETING SECTIONS 22.23, 22.24, 22.25, 22.26 AND 22.27 OF CHAPTER 22 OF THE CODE OF THE CITY OF VERNON, CALIFORNIA, 1959 REGARDING ADVERTISING DISPLAYS ADJACENT TO LANDSCAPED FREEWAYS AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT THEREWITH WHEREAS, the City of Vernon (the "City") is a municipal corporation and a chartered city of the State of California organized and existing under its Charter and the Constitution of the State of California; and WHEREAS, it is within the City's police power to regulate the use of buildings, structures, and land as between industry, business, and residences; and WHEREAS, all cities in the State of California have been granted the power from the State Legislature, pursuant to the Planning and Zoning Law contained in Government Code Section 65000, et seq., to regulate zoning and land use within their jurisdictions; and WHEREAS, it is also within the City's power to classify, exclude, restrict and limit what a landowner may do with his or her property, subject to appropriate constitutional constraints; and WHEREAS, the City Council of the City of Vernon (the "City Council"), by adoption of Ordinance No. 982 on April 18, 1989 and Ordinance No. 973 on May 2, 1989, enacted the Comprehensive Zoning Ordinance, which is codified as Chapter 26 of the Vernon City Code (thel 1 2 3 -4 5' 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I"Code"); and WHEREAS, on November 1, 1966, the City Council of the City of Vernon adopted Ordinance No. 780 regulating advertising displays adjacent to landscaped freeways and codified in Chapter 22, Article V of the Vernon City Code as Sections 22.23 to 22.27; and WHEREAS, Vernon City Code Sections 22.23 to 22.27 contain references to regulations that have been rendered obsolete by the adoption of State statutes; and WHEREAS, the City's current Comprehensive Zoning Ordinance does not address the size, type, location and other aspects of signs and other outdoor advertising structures in the City with the exception of some restrictions along landscape freeways as stated in Article V of', Chapter 22 of the Vernon City Code; and WHEREAS, pursuant to Government Code Section 65858, the Legislature has established a process whereby a public agency may impose a moratorium on the issuance of permits on a land use that the agency is considering or studying or intends to study in order to protect the public safety, health or welfare; and WHEREAS, the City Council, by adoption of Ordinance No. 1083 on April 3, 2002, established a moratorium which prohibited the establishment of any advertising displays and signs as defined in Vernon City Code, Ordinance No. 780, Section 1 and the acceptance of applications for, or the issuance of, permits for any advertising displays and signs in order to study the extent of standards needed to facilitate traffic safety and the aesthetic consequences caused by advertising displays and signs; and WHEREAS, the City Council, by adoption of Ordinance No. 1086 on May 22, 2002, extended the duration of the moratorium through and 2 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 including April 6, 2003; and WHEREAS, the City Council, by adoption of Ordinance No. 1093 on April 2, 2003, extended the duration of the moratorium through and including April 2, 2004; and WHEREAS, the City Council finds and determines that it is in the interest of the public health, safety and welfare to implement the recommendations of the Director of Community Services and Water, as set forth in this Ordinance; and WHEREAS, the Community Services and Water Department has: (1) performed an Initial Study to determine the potential adverse impacts on the environment that the amendments to the Comprehensive Zoning Ordinance proposed by this Ordinance may cause; (2) determined that the proposed amendments will not have a significant effect on the environment; and (3) recommended that a Negative Declaration be adopted in compliance with the California Environmental Quality Act; and WHEREAS, in accordance with Section 711.4(c) of the Fish and Game Code, no evidence has been found that the amendments proposed by this Ordinance will have the potential for adverse effects on wild life resources, and this Ordinance is therefore exempt from the fees otherwise payable under Section 711.4; and WHEREAS, on April 21, 2004, the City Council held a duly noticed public hearing on the adoption of this Ordinance; and WHEREAS, the City Council desires to amend the City of Vernon's Zoning Ordinance to reflect current standards of constitutional regulation of signage. THE CITY COUNCIL OF THE CITY OF VERNON HEREBY ORDAINS: SECTION 1: The City Council of the City of Vernon hereby - 3 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 i 25 26 27 28 (finds and determines that the recitals contained hereinabove are true land correct. SECTION 2: AMENDMENT OF CODE. The City Council of the City of Vernon hereby amends the Vernon City Code by adding Article VII, Zoning Regulations for Outdoor Advertising Structures, to Chapter 26, Zoning, of the Vernon City Code, as set forth in Exhibit "A" which is attached hereto and made a part hereof by reference. SECTION 3: CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING. The City Council of the City of Vernon finds that this Ordinance is enacted in order to mitigate the threat posed to the public peace, health, or safety by outdoor advertising structures. In this regard, the findings adopted in Section 1 of this Ordinance are incorporated herein by reference. This Ordinance, for the first time, provides for zoning regulations that are specifically applicable to outdoor advertising structures. Such uses are not specifically allowed under the City's existing zoning regulations. Nevertheless, it can be seen from the Initial Study prepared by the Community Services and Water Department that there is no possibility that this Ordinance may have a significant adverse effect on the environment, and therefore a Negative Declaration will be adopted. SECTION 4: The City Council of the City of Vernon hereby finds on the basis of the whole record before it (including the Initial Study and any comments received) that there is no substantial evidence that the amendments proposed by this Ordinance (the "Project") will have a significant effect on the environment individually or cumulatively, and that the Negative Declaration reflects the City of Vernon City Council's independent judgment and - 4 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 'I 21 22 23 24 25 26 27 28 analysis, and on the basis of said findings, the City Council hereby approves and adopts the Negative Declaration for the Project. SECTION 5: Pursuant to Section 711.4(c) of the Fish and Game Code, the City of Vernon City Council has found no evidence that the proposed amendments will have the potential for adverse effects on wildlife resources, and the Project is therefore exempt from the fees otherwise payable under Section 711.4. SECTION 6: The moratorium imposed by Ordinance No. 1083, as extended by Ordinance Nos. 1086 and 1093, is hereby terminated. SECTION 7: POSTING. 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: SEVERABILITY. If any section, subsection, subdivision, paragraph, sentence, clause, phrase or word of this Ordinance or any part thereof is for any reason held to be void or unconstitutional or invalid or ineffective by a court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof; it being the intention of the City Council of the City of Vernon to have passed and adopted this Ordinance and each section, - 5 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 I'I I 22 23 24 25 26 27 28 subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that one or more of the sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases thereof may be declared to be unconstitutional or invalid or ineffective. SECTION 9: The City Council of the City of Vernon hereby repeals Article V, Advertising Displays Adjacent to Landscaped Freeways, of Chapter 22, Sections 22.23 to 22.27 of the Vernon City Code. SECTION 10: Any ordinance, part of an ordinance, or code section in conflict with this Ordinance, specifically Ordinance No. 790, is hereby repealed. SECTION 11: EFFECTIVE DATE. This Ordinance shall go into effect and be in full force and operation from and after thirty (30) days after its final passage and adoption. APPROVED AND ADOPTED this 5th day of May, 2004. ATTEST: BRUCE V. MALKENHORST, City Clerk LEONIS C. MALB RG, Ma or - 6 - 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. 1100, was duly and regularly introduced at a regular meeting of the City Council of the City of Vernon, held on Wednesday, April 21, 2004, and thereafter finally adopted at a regular meeting of the City Council held on Wednesday May 5, 2004, and thereafter was duly signed by the Mayor of the City of Vernon, by the following vote: AYES: Councilmen: Gonzales, Davis & McCormick NOES: ABSTAINED: ABSENT: (SEAL) Councilmen: None Uo-dhoilmen: Malburg and Ybarra Councilmen: None - 7 - BRUCE V. MALKENHORST, City Clerk 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT "A" Chapter 26 ARTICLE VII. ZONING REGULATIONS FOR OUTDOOR ADVERTISING STRUCTURES Sec. 26.7.1. Application of article This article shall apply to all off -site commercial Outdoor Advertising Structures within the City. This article does not apply to on -site or noncommercial Outdoor Advertising Structures. These provisions are in addition to any conditions imposed by the conditional use permit. Sec. 26.7.2. Definitions. Abandoned Outdoor Advertising Structure shall mean: (1) a sign, which for a period of at least ninety consecutive days has no copy appearing on the sign, (2) where the establishment at which the sign is located has ceased operation, or (3) where it is relatively clear that the sign has been forsaken or deserted. Outdoor Advertising Structure shall mean any sign, logo, picture, transparency, mechanical device or other representation that is intended to attract attention for any purpose to a commercial, industrial, or nonprofit business, commodity, good, product or service. However, a commercial Outdoor Advertising Structure shall not include any sign which directs attention to a commercial or industrial activity conducted, sold or offered upon the same site where the sign is situated. Sec. 26.7.3. Conditional use permit required. The construction, modification or replacement of outdoor advertising structures is permitted in all zones of the City, subject to obtaining a conditional use permit and complying with all other conditions imposed by this article. All commercial Outdoor A-1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Advertising Structures, existing on the effective date of this article, that are not in compliance with the requirements of this .article are declared to be nonconforming uses. Sec. 26.7.4. General conditions. Sec. 26.7.4-1. Sign face dimensions. The sign face of an outdoor advertising structure shall not exceed eight hundred fifty square feet in area, including the border and trim, but excluding the base or apron supports and other structural members. (a) Cutouts and other special advertising features or additions to a sign face shall not project more than five feet above the maximum height limit. (b) Bi-directional or double-faced signs shall be located on the same Outdoor Advertising Structure. For parallel double-faced signs, the distance between sign faces shall not exceed eight feet. For "V-shaped" double-faced signs, the distance between sign faces shall not exceed thirty-five feet at their widest point and shall not exceed eight feet at their closest point. Sec. 26.7.4-2. Structure design. Each Outdoor Advertising Structure shall have no more than two poles, and shall be constructed of noncombustible material. Sec. 26.7.4-3. Height. The overall height of each structure shall not exceed thirty-five feet, exclusive of cutouts or special additions, measured from the higher of either: (a) The finished grade of the roadway adjacent to the lot on which the Outdoor Advertising Structure is located and from which the advertising display is to be viewed, or (b) The finished grade of the base of the Outdoor Advertising Structure. A-2 1 2 3 4 5 6 7 8 9 10 11 Sec. 26.7.4-4. Location. The location of the outdoor advertising structures shall be restricted as follows: (a) Outdoor Advertising Structures shall not be located on public property or public rights -of -way. No portion of Outdoor Advertising Structure shall project into, beneath or above the public right-of-way. (b) Outdoor Advertising Structures shall not be' located within the setback standards that apply to the zone in which the Outdoor Advertising Structure is located. (c) Outdoor Advertising Structures shall not be located within five feet of a building or other Outdoor Advertising 12 Structure. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (d) Outdoor Advertising Structures constructed after the effective date of this article, shall not be located within two thousand five hundred feet of another outdoor advertising structure. Outdoor Advertising Structures, existing on the effective date of this article, may not be replaced unless they are in conformance with the dimension, height and location requirements specified herein. For purposes of this article, measurements shall be made along the edge of the right-of-way of the street or freeway from which the display on the Outdoor Advertising Structure is designed to be primarily viewed, from a line perpendicular to the centerline of that street or freeway passing through the nearest edge of the existing sign, to a line perpendicular to the centerline passing through the nearest edge of the proposed Outdoor Advertising Structure. Sec. 2 6.7.4-5. Prohibited signs. The following types of signs shall not be permitted as an Outdoor Advertising Structure: RIM 1 2' 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19' 20 21 22 23 24 25 26 27 28 (a) Any form of moving, animated, oscillating or rotating sign, or any other design intended to attract attention through movement or the semblance of movement of the whole or any part of the sign or any other method or device that suggests movement; (b) Inflatable signs; (c) Flashing signs, containing illuminated light or other devices which are intermittently on and off, which change in intensity, or which create the illusion of flashing in any manner. Sec. 26.7.4-6. Appearance. No Outdoor Advertising Structure, including its supporting structure and lighting, shall present any hazard to the safety of pedestrian or vehicular traffic by obstructing the flow of such traffic, obstructing the sight lines required for the safe movement of pedestrian or vehicular traffic, interfering with the visibility and effectiveness of any traffic control or warning device, or in any other manner as determined by the City Administrator or his designee. (a) All signs shall be designed and maintained to be compatible with the design and materials used in the structure on which the sign is located; (b) No sign face or sign area shall be added to an existing sign unless within a permanent frame or panel indicated for such purpose on approved plans for the total sign structure; (c) All signs shall be maintained in good condition and working order, as determined by the city administrator or his designee, and free of graffiti, peeling paint, faded colors and/or broken and damaged materials. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (d) All signs must have the sign owners name, address and telephonenumberconspicuously and permanently attached on the exterior of the sign. Sec. 26.7.5. Abandoned signs. No abandoned signs shall be reused unless the sign is brought into full conformity with this article. If an abandoned sign is in violation of the location requirements, then the abandoned sign shall be removed. Sec. 26.7.6. Nuisance abatement. Signs not in compliance with this article may be declared a public nuisance, and be abated in accordance with the laws of the State of California and subject to the penalties established in Section 26.1.7. Sec. 26.7.7. Amortization of nonconforming uses. All nonconforming Outdoor Advertising Structures, with regards to height and size, shall be amortized and removed, without compensation from the City, in accordance with state law. Nonconforming Outdoor Advertising Structures not removed after the applicable amortization period of fifteen years shall be considered public nuisances subject to immediate abatement. A-5 4 CITY OF VERNON COMMUNITY SERVICES DEPARTMENT STAFF REPORT ON THE AMENDMENT OF CHAPTER 26 OF THE CITY OF VERNON COMPREHENSIVE ZONING ORDINANCE FOR OUTDOOR ADVERTISING STRUCTURES WITHIN THE CITY April 12, 2004 The City of Vernon is proposing to amend its existing Comprehensive Zoning Ordinance to add sections, and clarify existing regulations regarding outdoor advertising structures. The amendment to the Vernon City Code by adding Article VII, Zoning Regulations for Outdoor Advertising Structures, to Chapter 26, Zoning, of the Vernon City Code, as set forth in Exhibit "A" which is attached hereto and made a part hereof by reference will mitigate the threat posed to the public peace, health, and safety by outdoor advertising structures. An initial study has also been prepared as required by the 'California Environmental Quality Act that confirms that the amendment to the Ordinance will not have a significant environmental impact. Therefore, its been recommended by the Director of Community Services and Water that a Negative Declaration be adopted in compliance with the California Environmental Quality Act("CEQA"). BACKGROUND On November 1, 1966, the City Council of the City of Vernon adopted Ordinance No. 780 regulating advertising displays adjacent to landscaped freeways and codified in Chapter 22, Article V of the Vernon City Code as Sections 22.23 to 22.27. The Vernon City Code Sections 22.23 to 22.27 contains references to regulations that have been rendered obsolete by the adoption of State statutes. The City's current Comprehensive Zoning Ordinance does not address the size, type, location and other aspects of signs and other outdoor advertising structures in the City with the exception of some restrictions along landscape freeways as stated in Article V of Chapter 22 of the Vernon City Code. The City Council adopted Ordinance No. 1083 on April 3, 2002, establishing a moratorium which prohibited the establishment of any advertising displays and signs as defined in Vernon City Code, Ordinance No. 780, Section 1 and the acceptance of applications for, or the issuance of, permits for any advertising displays and signs in order to study the extent of standards needed to facilitate traffic safety and the aesthetic consequences caused by advertising displays and signs. Thereafter, the City Council, adopted Ordinance No. 1086 on May 22, 2002, extending the duration of the moratorium through April 6, 2003. Soon thereafter, the City Council, adopted Ordinance No. 1093 on April 2, 2003, extended the duration of the moratorium through April 2, 2004. The purpose of the moratorium was to enable the City to study applicable planning and zoning alternatives and the permissible and appropriate regulations that may be imposed on Outdoor Advertising Structures in the City and to study the consequences of Outdoor Advertising Structures concerning public safety and other deleterious effects on the community. The City of Vernon's Comprehensive Zoning Ordinance does not contain locational criteria for Outdoor Advertising Structures in the City. Therefore, there is currently a need to enact zoning regulations for Outdoor Advertising Structures in the City. This Ordinance, for the first time, will provide zoning regulations that are specifically applicable to outdoor advertising structures. Such uses are not specifically allowed under the City's existing zoning regulations. Therefore the City is proposing to impose regulations that are specifically designed to mitigate the negative aesthetic effects of Outdoor Advertising Structures and ensure traffic safety. Upon approval of this ordinance all outdoor advertising structures shall not exceed eight hundred fifty square feet, including border and trim, but excluding base or apron supports and other structural members. And shall be no higher than thirty-five feet excluding cutouts. New outdoor advertising structures shall not be located within two thousand five hundred feet of another outdoor advertising structure. Existing outdoor advertising structures may not be replaced unless they are in conformance with the dimension, height and location requirements specified herein. For purposes of this article, measurements shall be made along the edge of the right-of-way of the street or freeway from which the display is designed to be primarily viewed, from a line perpendicular to the centerline of that street or freeway passing through the nearest edge of the existing sign, to a line perpendicular to the centerline passing through the nearest edge of the proposed sign. No outdoor advertising structure, including its supporting structure and lighting, shall present any hazard to the safety of pedestrian or vehicular traffic by obstructing the flow of such traffic, obstructing the sight lines required for the safe movement of pedestrian or vehicular traffic, interfering with the visibility and effectiveness of any traffic control or warning device, or in any other manner as determined by the city administrator or his designee. All nonconforming structures in regards to height and size shall be amortized and removed, without compensation from the City, in accordance with state law. Nonconforming structures not removed after the applicable amortization period of fifteen years shall be considered public nuisances subject to immediate abatement. 1. GENERAL PLAN The proposed amendment conforms with, and more clearly reflect the intent of the City of Vernon General Plan. A revision of the Comprehensive Zoning Ordinance is permitted with approval of the City of Vernon City Council. 2. SITE The Sign Regulations shall be effective upon approval and shall cover all properties in the City of Vernon. 3. ADVERSE EFFECT The revisions to the Comprehensive Zoning Ordinance will for the most part clarify ambiguous sections. An initial study has also been prepared as required by the California Environmental Quality Act that confirms that the amendment to the Ordinance will not have a significant environmental impact. Therefore, its been recommended by the Director of Community Services and Water that a Negative Declaration be adopted in compliance with the California Environmental Quality Act("CEQA"). EXHIBIT "A" Chapter 26 ARTICLE VII. ZONING REGULATIONS FOR OUTDOOR ADVERTISING STRUCTURES Sec. 26.7.1. Application of chapter. The provisions of this chapter shall apply to all off -site outdoor commercial advertising structures, i.e., billboards, within the City. This chapter does not apply to on -site or noncommercial advertising structures. Sec. 26.7.2. Definitions. Abandoned sign shall mean a sign which for a period of ninety or more days contains no copy appearing on the sign, or where the establishment with which the sign is associated has ceased operation, or where it is relatively clear that the sign has been forsaken or deserted. outdoor advertising sign shall mean any sign, logo, picture, transparency, mechanical device or other representation that is intended to attract attention for any purpose to a commercial, industrial, or nonprofit business, commodity, good, product or service. However, a commercial advertising sign shall not include any sign which directs attention to a commercial or industrial activity conducted, sold or offered upon the same where the sign is maintained. Sec. 26.7.3. Conditional use permit required. The construction, modification or replacement of outdoor advertising structures is permitted in all zones of the City, subject to obtaining a conditional use permit and complying with all other conditions imposed by this chapter. All existing outdoor commercial advertising structures that are not in with the requirements of this chapter are declared to be nonconforming [4Y-ZO Sec. 26.7.4. General conditions. The provisions of this article are in addition to any conditions imposed by the conditional use permit. Sec. 26.7.4-I. Sign face dimensions. The area of the sign face of an outdoor advertising structure shall not exceed eight hundred fifty square feet, including border and trim, but excluding base or apron supports and other structural members. (a) Cutouts and other special advertising features or additions to a sign face shall not project more than five feet above the maximum height limit. (b) Bi-directional or double-faced signs shall be located on the same structure. For parallel double-faced signs, the distance between sign faces shall not exceed eight feet. For "V-shaped" double-faced signs, the distance between sign faces shall not exceed thirty-five feet at their widest point and shall not exceed eight feet at their closest point. Sec. 26.7.4-2. Structure design. Each structure shall have no more than two poles, and shall be constructed of noncombustible material. Sec. 26.7.4-3. Height. The overall height of each structure shall not exceed thirty-five feet, exclusive of cutouts or special additions, measured from the higher of either: (a) The finished grade of the roadway adjacent to the lot on which the structure is located and from which the advertising display is to be viewed, or (b) The finished grade of the base of the sign. Sec. 26.7.4-4. Location. The location of the outdoor advertising structures shall be restricted as follows: (a) Structures shall not be located on public property or rights -of -way. No portion of any sign or structure shall project into, beneath or above the public right-of-way. (b) Structures shall not be located within the setback standards that apply to the zone in which the structure is located. (c) Structures shall not be located within five feet of a building or other structure. (d) New outdoor advertising structures shall not be located within two thousand five hundred feet of another outdoor advertising structure. Existing outdoor advertising structures may not be replaced unless they are in conformance with the dimension, height and location requirements specified herein. For purposes of this article, measurements shall be made along the edge of the right-of-way of the street or freeway from which the display is designed to be primarily viewed, from a line perpendicular to the centerline of that street or freeway passing through the nearest edge of the existing sign, to a line perpendicular to the centerline passing through the nearest edge of the proposed sign. Sec. 26.7.4-5. Prohibited signs. The fo lowing types of signs shall not be permitted on outdoor advertising structures: (a) Any form of moving, animated, oscillating or rotating sign, or any other design intended to attract attention through movement or the semblance of movement of the whole or any part of the sign or any other method or device that suggests movement; (b) Inflatable signs; (c) Flashing signs, containing illuminated light or other devices which are intermittently on and off, which change in intensity, or which create the illusion of flashing in any manner. Sec. 26.7.4-6. Appearance. No outdoor advertising structure, including its supporting structure and lighting, shall present any hazard to the safety of pedestrian or vehicular traffic by obstructing the flow of such traffic, obstructing the sight lines required for the safe movement of pedestrian or vehicular traffic, interfering with the visibility and effectiveness of any traffic control or warning device, or in any other manner as determined by the city administrator or his designee. (a) All signs shall be designed and maintained to be compatible with the design and materials used in the structure on which the sign is located; (b) No sign face or sign area shall be added to an existing sign unless within a permanent frame or panel indicated for such purpose on approved plans for the total sign structure; (c) All signs shall be maintained in good condition and working order, as determined by the city administrator or his designee, and free of graffiti, peeling paint, faded colors and/or broken and damaged materials. (d) All signs must have the sign owner's name, address and telephone number conspicuously and permanently attached on the exterior of the sign. Sec. 26.7.5. Abandoned signs. . All abandoned signs shall not be reused unless the sign is brought into full conformity with this chapter. If the abandoned sign is in violation of the location requirements, than the abandoned sign shall be removed. Sec. 26.7.6. Nuisance abatement. Signs not in compliance with this chapter may be declared to be a public nuisance, and be abated in accordance with the requirements of the laws of the State of California and subject to the penalties established in Section 26.1.7. Sec. 26.7.7. Amortization of nonconforming uses. All nonconforming structures in regards to height and size shall be amortized and removed, without compensation from the City, in accordance with state law. Nonconforming structures not removed after the applicable amortization period of fifteen years shall be considered public nuisances subject to immediate abatement. CITY COUNCIL LEONIS C. MALBURG Mayor THOMAS A. YBARRA Mayor Pro -Tern WM. "BILL" DAVIS Councilman' H. "LARRY" GONZALES Councilman W. MICHAEL MCCO K Councilman BRUCE V. MALKENHORST City Administrator/City Clerk FAX (323) 826-1438 Honorable City Council City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 Gentlemen: CITY HALL 4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 TELEPHONE (323) 583-8811 April 14, 2004 ERIC T. FRESCH City Attorney FAX: (323) 826-1491 KEVIN WILSON Director of Community Services & Water FAX: (323) 826-1435 LIGHT & POWER FAX: (323) 826-1425 STEVEN E. PARKER Fire Chief FAX: (323) 826-1407 BRUCE W. OLSON Police Chief FAX: (323) 826-1481 The City of Vernon is proposing to adopt an ordinance amending the Comprehensive Zoning Ordinance of the City of Vernon to establish zoning regulations for outdoor advertising structures within the City. The City is proposing to impose regulations that are specifically designed to mitigate the negative aesthetic effects of Outdoor Advertising Structures and ensure traffic safety. Upon approval of this ordinance all outdoor advertising structures shall not exceed eight hundred fifty square feet, including border and trim, but excluding base or apron supports and other structural members. And shall be no higher than thirty-five feet excluding cutouts. New outdoor advertising structures shall not be located within two thousand five hundred feet of another outdoor advertising structure. All nonconforming structures in regards to height and size shall be amortized and removed, without compensation from the City, in accordance with state law. Nonconforming structures not removed after the applicable amortization period of fifteen years shall be considered public nuisances subject to immediate abatement. As part of the project, the City Council must adopt a Negative Declaration for the project. An initial study was prepared in accordance with California Environmental Quality Act (CEQA) and a Notice of Intent to adopt the Negative Declaration was circulated. Herewith for your consideration are the following supporting documents: l . Staff Report. 2. Notice of Public Hearing, affidavit of posting, and Declaration of Publication, Notice of Intent. 3. Environmental Checklist form and Initial Study. 4. Proposed Negative Declaration. 16 Honorable City Council -2- April 14, 2004 The project is consistent with the City of Vernon Comprehensive Zoning Ordinance and City of Vernon General Plan as adopted by the City of Vernon. Therefore, it is recommended that the City Council determine: 1. That the project is consistent with the General Plan as adopted by the City of Vernon. 2. That the project will not have a significant effect on the environment. 3. That the project will not individually or cumulatively have an adverse effect on wildlife resources. After review of the supporting evidence by the Community Services Department, it is recommended that Ordinance No. 1100 be approved. It is also recommended that a Negative Declaration be adopted and that a Notice of Determination and a DeMinimus Finding be filed with the County Clerk. R7u?ieviniil'son., m, P.E. Director of Community Services & Water SKW:sc Attachments cc: City Attorney City of Vernon 4305 Santa Fe Avenue Vernon, California 90058 (323) 583-8811 NOTICE OF PUBLIC HEARING TO CONSIDER AMENDMENTS TO COMPREHENSIVE ZONING ORDINANCE AND NOTICE OF INTENT TO ADOPT NEGATIVE DECLARATION 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 DATE & Wednesday, April 21, 2004 at 5:00 p.m. TIME: (or as soon thereafter as the matter can be heard) PURPOSE: To consider: The adoption of an ordinance amending the Comprehensive Zoning Ordinance of the City of Vernon to establish zoning regulations for outdoor advertising structures within the City; and 2. The recommendation from the Vernon Director of Community Services & Water Department to adopt a Negative Declaration in accordance with the California Environmental Quality Act because the proposed amendments to the Comprehensive Zoning Ordinance will not have a significant effect on the environment. A copy of the proposed ordinance and proposed negative declaration will be available for public review during normal business hours in the Vernon Community Services & Water Department, located at 4305 Santa Fe Avenue, Vernon, California, from April 12, 2004 to April 21, 2004. The public is also invited to submit written comments prior to the hearing. You may submit written comments on the proposed negative declaration until 5:00 p.m. on April 21, 2004. Comments received after that date may not receive full consideration. If you challenge the adoption of the ordinance amending the Comprehensive Zoning Ordinance, 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: April 8, 2004 BRUCE V. MALKENHORST, City Administrator/City Clerk .s :«! 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 8' day of April, 2004, post three (3) copies of. NOTICE OF PUBLIC HEARING, to be held on April 21, 2004, (see attached copy) regarding an adoption of an ordinance amending the Comprehensive Zoning Ordinance of the City of Vernon to establish zoning regulations for outdoor advertising structures within the City; and the recommendation from the Vernon Director of Community Services & Water to adopt a Negative Declaration in accordance with the California Environmental Quality Act because the proposed amendments to the Comprehensive Zoning Ordinance will not have a significant effect on the environment. One in each of the following places to wit: At the northwest corner of 38th Street and Santa Fe Avenue; the northeast corner of Leonis Boulevard and Pacific Boulevard; and on the bulletin board in the lobby of the City Hall of the City of Vernon, located at 4305 Santa Fe Avenue, all in said City, there being no newspaper of general circulation printed and published in the City of Vernon. Date: April 8, 2004 State of California ) ) ss. County of Los Angeles ) Canales, Engineering Aide On ' 1 oaf before me, �axorN,; ,; i � x,,�„ , Notary Public, personally appeared Sergio Canales, personally known to me (or- k, ey,,,., to me on the basisf safisfwtefy to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal ConMMrNoe► +� 141Ml1 DECLARATION OF PUBLICATION STATE OF CALIFORNIA COUNTY OF LOS ANGELES NOTICE OF PUBLIC HEARING TO CONSIDER CITY OF VERNON AMENDhW,NTS TO COMPREHENSIVE COMMUNITY SERVICES & WATER DPT ZONING ORDINANCE AND NOTICE OF INTENT TO 4305 SANTA FE AVE ADOPT NEGATIVE nDECLARATION conduct Plic VERNON CA 90058 Hearing, which you may attend PLACE: Vernon City Hall, City Council Chambers, 4305 Santa Fe Avenue, Vernon, NOTICE CA DATE & TIME: Wednesday, April 21, COMPREHENSIVE ORDINANCE AND NOTICE NO- ar be heard) as soon thereafter "� TICE OF INTEN PURPOSE: To consider: NEGATIVE DEC � the' �adei a zoning ordinarxe of HEARING/CLOSE/SALE DATE: 04/21/04 the City of Vernon to establish zoning regula- tiOnS for outdoor advertising structures within the City; and 2. The recommendation from the Vernon Director of Community Services & Water Department to adopt a Negative Declaration in accordance with the Califomia Environmental The undersigned says: y Act because the proposed amendments to the comprehensive Zoning Ordinance will not have a significant effect on the environ- I am over the age of 18 years and a citizen of the ment.A copy of the proposed ordinance and United States. I am not a arty to and have no interest in party will he available proposed review this matter. I am a principal clerk of the METROPOLI- uringdeclanoon for public review aurir�g normat business booms in the Vernon Community service & Water TAN NEWS -ENTERPRISE, a newspaper of general cir- e Avenue, Vernon,' lcaut°� � 4305 Santa 12, 2004 to culation in the City of Los Angeles, the Judicial District 004. ''�2ppublic is also invited to submit of Los Angeles, the County of Los Angeles, and the State written comments prior to the hearing. You of California, as adjudicated in Los Angeles Superiornegativesubmit may comments 55:00 p m April Court Case No. 601165. The notice, a printed copy of 21 2004. Comments received athat date fter rust which appears hereon, was published on the following y not receive may consideration. If you challenge the adoption of the date(s): Apr 12, 2004 ordinance on o gOrdinanc , you amending may obeli `to raising only those issues you or someone else raised at the hearing described in this notice or I declare under penalty of perjury that the foregoing is f �n ed l� to the city true and correct. Executed at Los Angeles, California on mph Dated: April g, 2004 04/12/04. BRUCE V. MALKENNHORST City Aftinistratm/City Clerk A CN703211 NEGATIVE DEC Apr 12, 2004 signatur Metropolitan Ne -Enterprise P.O. Box 60859 Los Angeles, Ca 90060 Phone: (213) 346-0033 Fax: (213) 687-3886 Cust. Num.: 011482 Control Num.: 703211 Cust. Ref Num.: NEGATIVE DEC 1111111 11111111111inItII Page 1 of I CITY OF VERNON INITIAL STUDY 1. Project Title: 2. Lead Agency Name and Address: 3. Contact Person and Phone Number: 4. Project Location: 5. Project Sponsor's Name and Address: 6. General Plan Designation: 7. Zoning: Outdoor Advertising Structures and Zoning Code Amendment City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 Samuel Kevin Wilson (323) 583-8811 City of Vernon City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 All Zones affected M-Zone, M2-Zone, and CM -Zone All Zones affected M-Zone, M2-Zone, and CM -Zone 8. Description of Project: The City of Vernon has proposed an ordinance requiring Outdoor Advertising Structures to meet certain Zoning requirements. 9. Other agencies whose approval is required (and permits needed): None. -1- Environmental Factors Potentially Affected: The environmental factors checked below could be potentially affected by this point, involving at least one impact that is a "Potentially Significant Impact" or "Potentially Significant Unless Mitigated," as indicated by the checklist on the following pages. ❑ Land Use and Planning ❑ Transportation/Circulation 0 Population and Housing ❑ Biological Resources 0 Geophysical ❑Energy and Mineral Resources ❑ Water ❑ Hazards ❑ Air Quality ❑ Noise 0 Mandatory Findings of Significance Determination. On the basis of this initial evaluation: 0Public Services 0 Utilities and Service Sys. ❑ Aesthetics ❑ Cultural Resources ❑ Recreation I find that the proposed ordinance COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. X I find that although the proposed ordinance could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the proposed ordinance. A NEGATIVE DECLARATION will be prepared. 01 I find that the proposed ordinance MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. 0 I find that the proposed ordinance MAY have a significant effect(s) on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the effect is a "potentially significant impact" or "potentially significant unless mitigated." An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze onl Ztheeffects that remain to be addressed. SiguWe Date Samuel Kevin Wilson City of Vernon Printed Name For -2- ENVIRONMENTAL CHECKLIST FORM Potentially Potentially Significant Significant Unless Impact Mitigated I. LAND USE AND PLANNING. Would the proposal: a) Conflict with general plan designation or zoning? ❑ ❑ b) Conflict with applicable environmental plans or policies adopted by agencies with jurisdiction over the project? ❑ ❑ Less Than Significant No Impact Impact a and b. This ordinance will encompass the entire City of Vernon and therefore incorporates all the zoning designations in it. The City of Vernon is primarily made up of industrial and distribution type facilities. The proposed ordinance will enhance current regulations regarding Outdoor Advertising Structures in order to protect the health, safety and welfare of the community. Therefore, will not conflict with any environmental plans or policies. c) Affect agricultural resources or operations (e.g. impacts to soils or farmlands, or impacts from incompatible land uses)? ❑ ❑ ❑ X c. The City of Vernon is an industrial city with no agricultural land use within its boundaries. Therefore, the proposed ordinance, will not affect agricultural resources or operations. d) Disrupt or divide the physical arrangement of an established community (including a low income or minority community)? 0 ❑ ❑ X d. The proposed ordinance places certain regulations on Outdoor Advertising Structures and proposes to improve the safety and welfare of the community. Currently these Outdoor Advertising Structures may locate anywhere in the City with little or no regulation. Therefore it is anticipated that the proposed ordinance will improve the environment of the community. -3- II. POPULATION AND HOUSING. Would the proposal: a) Cumulatively exceed official regional or local population projections? ❑ ❑ ❑ X b) Induce substantial growth in an area either directly or indirectly (e.g. through projects in an undeveloped area or extension of major infrastructure)? ❑ ❑ ❑ X a and b. The population of the City of Vernon is approximately 90, with up to 60,000 people working in the City. The City of Vernon consists of highly industrialized and developed - areas. It is anticipated that the ordinance will not impact population or housing. c) Displace existing housing, especially affordable housing? ❑ ❑ ❑ X c. The proposed ordinance will not create any new development. Thus, the proposed ordinance will not displace housing. III. TRANSPORTATION/CIRCULATION. Would the proposal result in: a) Increased vehicle trips or traffic congestion? ❑ ❑ ❑ X a. The proposed ordinance will potentially improve traffic throughout the City. By establishing size, height and location requirements for outdoor advertising signs. b) Hazards to safety from design features (e.g. sharp curves or dangerous intersections) or incompatible uses (e.g. farm equipment)? ❑ ❑ ❑ X b. No safety hazard resulting from incompatible uses are expected. c) Inadequate emergency access or access to nearby uses? ❑ ❑ ❑ X c. The proposed ordinance does not pertain or impact any emergency access or access to nearby uses. d) Results in inadequate parking capacity? ❑ ❑ ❑ X e) Hazards or barriers for pedestrians or bicyclists? ❑ ❑ ❑ X -4- f) Conflicts with adopted policies supporting alternative transportation (e.g. bus turnouts, bicycle racks)? ❑ ❑ ❑ X g) Rail, waterborne or air traffic impacts? ❑ 0 0 X d through g. The proposed ordinance does not pertain or impact any transportation modes. IV. NOISE. Would the proposal result in: a) Increases in existing noise levels? ❑ ❑ 0 X b) Exposure of people to severe noise levels? ❑ ❑ ❑ X a and b. The proposed ordinance will not have a direct affect on the level of noise throughout the City. Therefore, it is not expected to cause any significant noise impacts to neighboring businesses. V. PUBLIC SERVICES. Would the proposal have an effect upon, or result in a need for new or altered government services in any of the following areas: a) Fire protection? ❑ ❑ ❑ X b) Police protection? ❑ ❑ ❑ X c) Schools? ❑ ❑ ❑ X a through c. The proposed ordinance will not pose a need for new or altered fire, police or school services within the City of Vernon. VI. AESTHETICS. Would the proposal: a) Affect a scenic vista or scenic highway? ❑ ❑ ❑ X b) Have a demonstrable negative aesthetic effect? ❑ 0 0 X a and b. The proposed ordinance contains regulations that are designed to mitigate the negative aesthetic effects of Outdoor Advertising Structures. Therefore, the proposed project will create no impact. VII. GEOPHYSICAL. Would the proposal result in or expose people to potential impacts involving: a) Seismicity: fault rupture? ❑ ❑ ❑ X b) Seismicity: ground shaking or liquefaction? 0 0 ❑ X c) Seismicity: seiche or tsunami? 0 ❑ ❑ X -5- d) Landslides or mudslides? ❑ ❑ 0 X e) Erosion, changes in topography or unstable soil conditions from excavation, grading or fill? 0 0 ❑ X f) Subsidence of the land? ❑ ❑ ❑ X g) Expansive soils? ❑ ❑ ❑ X h) Unique geologic or physical features? ❑ ❑ ❑ X a through h. The proposed ordinance has no impact on the geophysical nature of the City. The topography of the City of Vernon is relatively level. Although there are no known earthquake faults in the City, Vernon is in a seismically active region and several faults in the area are likely to cause moderate ground shaking in Vernon. To ensure life safety, all new construction shall be required to be in compliance with (Zone 4) seismicity requirements of the Uniform Building Code. There will not be any significant changes to the geologic substructure or topography. VIII. WATER Would the proposal result in: a) Changes in absorption rates, drainage patterns, or the rate and amount of surface runoff. ❑ ❑ 0 X b) Exposure of people or property to water related hazards such as flooding? ❑ ❑ ❑ X c) Discharge into surface waters or other alteration of surface water quality (e.g. temperature, dissolved oxygen or turbidity)? ❑ ❑ ❑ X d) Changes in the amount of surface water in any water body? ❑ ❑ ❑ X e) Changes in currents, or the course or direction of water movements? ❑ ❑ ❑ X f) Change in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations? ❑ ❑ 0 X g) Altered direction or rate of flow of groundwater? ❑ ❑ ❑ X h) Impacts to groundwater quality? ❑ ❑ ❑ X a through h. The proposed ordinance will have no impact on the hydrology, water quality or water consumed in the City. -6- t IX. AIR QUALITY: Would the proposal: a) Violate any air quality standard or contribute to an existing or projected air quality violation? ❑ 0 0 X b) Expose sensitive receptors to pollutants? ❑ ❑ ❑ X c) Alter air movement, moisture, or temperature, or cause any change in climate? ❑ ❑ ❑ X d) Create objectionable odors? ❑ ❑ ❑ X a through d. The proposed ordinance will have no impact on air quality. The City of Vernon is located within the South Coast Air Basin of California. The basin covers a 6,600- square mile area within Orange County, non -desert portions of Los Angeles County, Riverside County, and San Bernardino County. Air quality in the basin is monitored by the South Coast Air Quality Management District ("AQMD") at 35 monitoring stations throughout the area. The monitoring station nearest to the City of Vernon is the Pico Rivera station. Readings at the station are used to characterize air quality in the City of Vernon. X. BIOLOGICAL RESOURCES: Would the proposal result in impacts to: a) Endangered, threatened or rare species or their habitats (including but not limited to plants, fish, insects, animals, and bids)? ❑ ❑ 0 X b) Locally designated species (e.g. heritage trees)? ❑ ❑ ❑ X c) Locally designated natural communities (e.g. oak forest, (e.g. oak forest, coastal habitat, etc.)? ❑ ❑ ❑ X d) Wetland habitat (e.g. marsh, riparian and vernal pool)? ❑ ❑ ❑ X e) Wildlife dispersal or migration corridors? ❑ ❑ ❑ X a through e. Vernon is in a highly developed industrial area. The proposed ordinance will not affect such resources. XI. ENERGY AND MINERAL RESOURCES: Would the proposal. a) Conflict with adopted energy conservation plans? ❑ ❑ ❑ X a. The proposed ordinance will have no impact on energy conservation plans. -7- b) Use non-renewable resources in a wasteful and inefficient manner? ❑ ❑ ❑ X b. The proposed ordinance will have no impact on energy consumed or mineral resources. XII. HAZARDS. Would the proposal involve: a) A risk of accidental explosion or release of hazardous substances (including, but not limited to oil, Pesticides, chemicals or radiation)? ❑ ❑ ❑ X b) Possible interference with an emergency response plan or emergency evacuation plan? ❑ 0 ❑ X c) The creation of any health hazard or potential health hazard? 0 ❑ ❑ X d) Exposure of people to existing sources of potential health hazards? ❑ ❑ ❑ X e) Increased fire hazard in areas with flammable brush, grass, or tees? ❑ ❑ ❑ X a through e. The proposed ordinance will not result in any additional hazards. The local Certified Unified Program Agency (CUPA) regulates use and storage of hazardous materials at any facility within the City of Vernon, which is the City of Vernon Environmental Health Department. All facilities within the City are regularly inspected by the Vernon Fire and Environmental Health Departments for code violations. The inspections are made to reduce the potential for urban fires and chemical releases. The Vernon Fire Department has a fully manned hazardous materials unit. All personnel are trained in hazardous material response. The proposed existing regulations and permitting requirements will be adhered to by the facility and this compliance will reduce potential hazards to less than significant levels. Therefore, this impact will be less than significant. XIII. UTILITIES AND SERVICE SYSTEMS. Would the proposal result in a need for new systems, or substantial alterations to the following utilities: a) Power or natural gas ❑ ❑ 0 X b) Communications systems? ❑ ❑ ❑ X c) Local or regional water treatment or distribution facilities? ❑ ❑ ❑ X d) Sewer or septic tanks? ❑ ❑ 0 X e) Storm water drainage? ❑ 0 ❑ X f) Solid waste disposal? 0 ❑ 0 X -8- a through f. The proposed ordinance will not substantially alter the need for utility services. XIV. RECREATION. Would the proposal: a) Increase the demand for neighborhood or regional parks or other recreational facilities? ❑ ❑ ❑ X b) Affect existing recreational opportunities? ❑ ❑ ❑ X a and b. The proposed ordinance will not result in an increase in residential population in Vernon. No impact on the demand for recreation opportunities is anticipated. XV. CULTURAL RESOURCES. Would the proposal: a) Disturb paleontological resources? ❑ ❑ 0 X b) Disturb archaeological resources? ❑ ❑ ❑ X c) Affect historical resources? ❑ ❑ ❑ X d) Have the potential to cause a physical change which would affect unique ethnic cultural values? ❑ ❑ ❑ X e) Restrict existing religious or sacred uses within the potential impact area? ❑ 1❑ ❑ X a through e. Vernon is highly industrialized; no known unique historic, archeological, paleontological ethnic cultural resources, or religious or sacred uses exist in the project area. Therefore, no impact is expected. XVI. MANDATORY FINDINGS OF SIGNIFICANCE. a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? ❑ ❑ ❑ X a. The City of Vernon is primarily made up of industrial and distribution type facilities with limited plant life. Plant life is limited to non-native and ornamental species, which are used for landscaping. Animal life in Vernon and nearby urban communities consists of bird, -9- ti 9. reptile and mammal species that live in close proximity to man. There are no endangered species in Vernon. There is no evidence or important examples of major periods of California history in Vernon. Therefore, the proposed ordinance will create no impact. b) Does the project have the potential to achieve short-term, to the disadvantage of long-term, environmental goals? 0 ❑ ❑ X b. There will not be an impact on long-term environmental goals. c) Does the project have impacts that are. individually limited, butcumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects) ❑ ❑ X ❑ c. Currently Outdoor Advertising Structures are allowed anywhere in the City. The proposed ordinance evokes regulations, which limit the location of these types of advertising structures. The proposed ordinance will not cause a cumulative impact to air quality, traffic, noise, groundwater, surface water, or exposure to hazardous materials, and will not create any impact to sensitive receptors. Therefore, the cumulative impact will be less than significant. d) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? ❑ ❑ X ❑ d. The proposed ordinance places certain regulations on Outdoor Advertising Structures and proposes to improve the safety and welfare of the community. Currently these Outdoor Advertising Structures may locate anywhere in the City with little or no regulation. Therefore it is anticipated that the proposed ordinance will improve the environment of the community. _10- City of Vernon 4305 Santa he Avenue Vernon, California 90058 (323) 583-8811 CALIFORNIA ENVIRONMENTAL QUALITY ACT PROPOSED NEGATIVE DECLARATION LEAD AGENCY: PROJECT TITLE: PROJECT LOCATION: PROJECT DESCRIPTION: City of Vernon City of Vernon 4305 Santa Fe Avenue The City of Vernon is proposing to adopt an ordinance amending the Comprehensive Zoning Ordinance of the City of Vernon to establish zoning regulations for outdoor advertising structures within the City. The project is subject to CEQA because it requires discretionary approval. FINDINGS: The City Council of the City of Vernon has determined that this project will not have a significant effect on the environment. COMMUNITY SERVICES & WATER DEPARTMENT OFFICE MEMORANDUM TO: Bruce V. Malkenhorst, City Administrator FROM: Samuel Kevin Wilson, Director of Community Services & Water DATE: April 8, 2004 SUBJECT: Zoning Ordinance Amendment regarding Outdoor Advertising Structures The City of Vernon is proposing to adopt an ordinance amending the Comprehensive Zoning Ordinance of the City of Vernon to establish zoning regulations for outdoor advertising structures within the City. The project is subject to the California Environmental Quality Act (CEQA). It is recommended that a public hearing for this amendment be held on April 21, 2004. SKW:sc NOTICE OF PUBLIC HEARING TO CONSIDER AMENDMENTS TO COMPREHENSIVE ZONING ORDINANCE AND NOTICE OF INTENT TO ADOPT NEGATIVE DECLARATION 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 DATE & Wednesday, April 21, 2004 at 5:00 p.m. TIME: (or as soon thereafter as the matter can be heard) PURPOSE: To consider: The adoption of an ordinance amending the Comprehensive Zoning Ordinance of the City of Vernon to establish zoning regulations for outdoor advertising structures within the City; and 2. The recommendation from the Vernon Director of Community Services & Water Department to adopt a Negative Declaration in accordance with the California Environmental Quality Act because the proposed amendments to the Comprehensive Zoning Ordinance will not have a significant effect on the environment. A copy of the proposed ordinance and proposed negative declaration will be available for public review during normal business hours in the Vernon Community Services & Water Department, located at 4305 Santa Fe Avenue, Vernon, California, from April 12, 2004 to April 21, 2004. The public is also invited to submit written comments prior to the hearing. You may submit written comments on the proposed negative declaration until 5:00 p.m. on April 21, 2004. Comments received after that date may not receive full consideration. If you challenge the adoption of the ordinance amending the Comprehensive Zoning Ordinance, 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: April 8, 2004 BRUCE V. MALKENHORST, City Administrator/City Clerk AFFIDAVIT OF POSTING STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) ss CITY OF VERNON ) I, Gloria Molleda, Deputy City Clerk, of the City of Vernon do hereby certify that I had, on the llth of May 2004, posted one (1) copy of: Ordinance No. 1100 - An Ordinance of the City Council of the City of Vernon Amending Chapter 26 of the Code of the City of Vernon, California, 1959, by Adding Article VII to Chapter 26 Relating to Outdoor Advertising Structures Within the City, Terminating the Moratorium Imposed by Ordinance No. 1083, Deleting Sections 22.23, 22.24, 22.25, 22.26 and 22.27 of Chapter 22 of the Code of the City of Vernon, California, 1959 Regarding Advertising Displays Adjacent to Landscaped Freeways and Repealing All Ordinances or Parts of Ordinances in Conflict Therewith. At the following place, to wit: on the bulletin board in the lobby of the City Hall of the City of Vernon located at 4305 Santa Fe Avenue, in said City, there being no newspaper of general circulation printed and published in the ity of Vernon. Date: klk6lfcof cc Gloria Molleda Deputy City Clerk State of California ) ss County of Los Angeles) On �2-10i before me, )�"0 Notary Public personally appeared �OYLa�l i/ea�� Personally known to me (�V ����n + n mP nn the bass of Gates^ 1• tee) to be the person (.s.) whose name(s) is/,&-r-e subscribed to the within instrument and acknowledged to me that -1te/she/t+h--y executed the same in lu s/her/ter authorized capacity, and that by -rrs/her/ signature(&) on the instrument the person(- , or the entity upon behalf of which the person(. acted, executed the instrument. KITNESS my hand and official seal MANUELA GlRON Commission # 1328374 z z; Notary Public - California i j Los Angeles County STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) CITY OF VERNON ) AFFIDAVIT OF POSTING ss I, Sharon Johnson, Deputy City Treasurer, of the City of Vernon do hereby certify that I did, on the llth of May 2004, post two (2) copies of: Ordinance No. 1100 - An Ordinance of the City Council of the City of Vernon Amending Chapter 26 of the Code of the City of Vernon, California, 1959, by Adding Article VII to Chapter 26 Relating to Outdoor Advertising Structures Within the City, Terminating the Moratorium Imposed by Ordinance No. 1083, Deleting Sections 22.23, 22.24, 22.25, 22.26 and 22.27 of Chapter 22 of the Code of the City of Vernon, California, 1959 Regarding Advertising Displays Adjacent to Landscaped Freeways and Repealing All Ordinances or Parts of Ordinances in Conflict Therewith. Owner with the California Independent System Operator. On each of the following places, to wit: at the northwest corner of 38th Street and Santa Fe Avenue and 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: k ®4- Sharon Johrrsaz Deputy City Treasurer State of California ) ) ss County of Los Angeles) On v t l' ��� before me, t Notary Public personally appeared con Personally known to me (or known to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to that he/she/they executed the same in his/her/their authorized capacity, and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand . official seal i: '. r`s FT::Y NdW Nft - 60Wft kin wk&a LOIA- 0 w- Cow* MV COMM-EMPMAP2. �� CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES)§ CITY OF VERNON ) I, Manuela Giron, Assistant to the 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 1100, entitled: Ordinance No. 1100 - An Ordinance of the City Council of the City of Vernon Amending Chapter 26 of the Code of the City of Vernon, California, 1959, by Adding Article VII to Chapter 26 Relating to Outdoor Advertising Structures Within the City, Terminating the Moratorium Imposed by Ordinance No. 1083, Deleting Sections 22.23, 22.24, 22.25, 22.26 and 22.27 of Chapter 22 of the Code of the City of Vernon, California, 1959 Regarding Advertising Displays Adjacent to Landscaped Freeways and Repealing All Ordinances or Parts of Ordinances in Conflict Therewith. The original of said record has been retained in the offices 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 HEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Vernon, County of Los Angeles, State of California, this loth day of May, 2004. SEAL: Manuela Giron Assistant to the Chief Deputy City Clerk AFFIDAVIT OF POSTING STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) ss CITY OF VERNON ) I, Sharon Johnson, Deputy City Treasurer, of the City of Vernon do hereby certify that I did, on the 17th of May 2004, post two (2) copies of: Notice of Public Hearing - To consider the adoption of an ordinance to establish a trench -cut fee to be imposed in conjunction with permits for excavation in the public right-of- way. On each of the following places, to wit: at the northwest corner of 38th Street and Santa Fe Avenue and 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: 51k'[®+ Sharon J n Deputy City Treasurer State of California ) ) ss County of Los Angeles) On �jEj' before me, Q0r_*kq 0tS\1e%A() Notary Public personally appeared 5w'Con �ntzn Personally known to me (or known to me on the basis of satisfactory evidence) to be the person(,') whose name661 is/are subscribed to the within instrument and acknowledged to me that 4te--�she/t-hv�y executed the same in k-;�s/her/fir authorized capacity, and that by es/her/thre Y signaturej_e on the instrument the person(o', or the entity upon behalf of which the person;4'T acted, executed the instrument. WITNESS my hand and official seal L_..LMOLLEDA 1 Commbsion # 1480313A/, �1 • 0'"c6 !k n 2008 AFFIDAVIT OF POSTING STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) ss CITY OF VERNON ) I, Gloria Molleda, Deputy City Clerk, of the City of Vernon do hereby certify that I had, on the 17th of May 2004, posted one (1) copy of: Notice of Public Hearing - To consider the adoption of an ordinance to establish a trench -cut fee to be imposed in conjunction with permits for excavation in the public right-of- way. At the following place,, to wit: on the bulletin board in the lobby of the City Hall of the City of Vernon located at 4305 Santa Fe Avenue, in said City, there being no newspaper of general circulation printed and published in the; City of Vernon. Dater ` Gloria Molleda Deputy City Clerk State of California ) ) ss County of Los Angeles) On S 111' C)LA before me, VlQywtka C 1�an Notary Public personally appeared _Cln prIq NAbi8Aa Personally known to me to be the person(&) whose name (-s) is/arm subscribed to the within instrument and acknowledged to me that-he/she/-t4iey executed the same in errs/her/trh-err authorized capacity, and that by -ems/her/t-he4-r- signature4s) on the instrument the person(, or the entity upon behalf of which the person(s3 acted, executed the instrument. W 'TNESS my hand and official seal I. MANUELA GIRON Commission # 1328374 Z z' Notary Public California i Z Los Angeles County My Comm— Expires Nov 4, 2005 CITY ATTORNEY'S OFFICE INTER -DEPARTMENT MEMORANDUM DATE: May 17, 2004 TO: Bruce V. Malkenhorst, City Administrator/City Clerk FROM: Eric T. Fresch, City Attorney !, q� RE: Adoption of an Ordinance Establishing a Trench -Cut Fee Dear Bruce: I recommend that the City Attorney be authorized to prepare an ordinance to establish a trench -cut fee to be imposed in conjunction with permits for excavation in the public right-of-way. The ordinance would amend Article VI of Chapter 22 entitled Encroachments, to allow the City to recover costs associated with the repair of City streets caused by excavation that degrades and shortens the life span of streets. I further recommend that you sign the attached Notice of Public Hearing for May 26, 2004, and have the Notice posted in the three usual places. I look forward to discussing this matter with you at your earliest convenience. EF:jl cc: Kevin Wilson, Director of Community Services & Water 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 DATE AND Wednesday, May 26, 2004, at 5:00 p.m., or as TIME: soon thereafter as the matter may be heard PURPOSE: To consider the adoption of an ordinance to establish a trench -cut fee to be imposed in conjunction with permits for excavation in the public right-of-way. Any interested person may attend and may make an oral presentation to the City Council at the time of the hearing, or may present written comments prior to the hearing. If you challenge the approval of the establishment of the trench -cut fee or any provision thereof in court, 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. Information may be obtained by contacting the office of the City Clerk at the above address. The hearing may be continued or adjourned to a stated time and place without further notice of a public hearing. Dated: May 17, 2004 BRUCE V. MALKENHORST, City Administrator/City Clerk