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Ordinance No. 11031 ORDINANCE NO. 1103 2 3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF 4 VERNON AMENDING CHAPTER 26 OF THE CODE OF THE CITY OF VERNON, CALIFORNIA, 1959, BY AMENDING SECTION 5 26.4.6-3(b) OF SAID CODE REGARDING THE REMOVAL OF NONCONFORMING BUILDING, STRUCTURES AND USES AND 6 REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT THEREWITH 7 8 WHEREAS, the City of Vernon (the "City") is a municipal 9 corporation and a chartered city of the State of California organized 10 and existing under its Charter and the Constitution of the State of 11 California; and 12 WHEREAS, it is within the City's police power to regulate the 13 use of buildings, structures, and land as between industry, business, 14 and residences; and 15 WHEREAS, all cities in the State of California have been 16 granted the power from the State Legislature, pursuant to the Planning 17 and Zoning Law contained in Government Code Section 65000, et seq., to 18 regulate zoning and land use within their jurisdictions; and 19 WHEREAS, it is also within the City's power to classify, 20 exclude, restrict and limit what a landowner may do with his or her 21 property, subject to appropriate constitutional constraints; and 22 WHEREAS, on February 25, 1964, the City Council of the City 23 of Vernon (the "City Council") adopted Ordinance No. 752, which 24 established zoning districts and regulations restricting the use of 25 land and buildings in the City; and 26 WHEREAS, Ordinance No. 752 enacted various regulations, 27 including certain building setback requirements for properties 28 adjoining a street or highway in the City; and 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 WHEREAS, the forty year amortization period established in Ordinance No. 752 for the removal of non -conforming building, structures, and uses was incorporated into Section 26.4.E-3(b) of the Code by Ordinance No. 973; and WHEREAS, Section 26.4.E-3(b) of the Code indicates that every'' nonconforming building, structure and use that occurred as a result of the adoption of Ordinance No. 752 on February 25, 1964, shall be completely removed or altered to structurally conform to the uses and development standards permitted in the zone in which it is located within forty years of the date of adoption, or February 25, 2004; and WHEREAS, on August 19, 1969, the City Council, adopted Ordinance No. 801 titled Off -Street Parking and Loading Ordinance, which established requirements for off-street parking for automobiles, circulation and access, and off-street space for loading and unloading trucks, and maneuvering and access from and to the public streets; and WHEREAS, the forty year amortization period concerning Ordinance No. 801 was incorporated into Section 26.4.E-4(b) of the Code 1by Ordinance No. 973; and WHEREAS, Section 26.4.E-4(b) of the Code indicates that where insufficient space exists on the lot or parcel for compliance with the off-street parking and access requirements, compliance shall occur at the time of any expansion or structural alteration of the building or buildings, or within forty (40) years of the adoption of Ordinance 801, or August 19, 2009, whichever occurs first; and WHEREAS, 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 (the "Code"); and - 2 - 1 WHEREAS, in order to comply with the requirements of 2 Ordinance Nos. 752 and 801 a property owner in the City would bear the 3 cost of compliance twice; and 4 WHEREAS, the Director of Community Services & Water has 5 recommended that Section 26.4.E-3(b) of Chapter 26 of the Vernon City 6 Code be amended to extend the time in which buildings must be brought 7 into conformity with certain regulations pursuant to Ordinance No. 752 8 and to coincide with the off-street parking and loading requirements 9 established in Section 26.4.E-4(b) of the Code; and 10 WHEREAS, to clarify the intent of the City Council of the 11 City of Vernon, the provisions of Ordinance No. 752 relating to parking 12 and loading requirements were superceded by the adoption of Ordinance 13 Nos. 982 and 973; and 14 WHEREAS, the City Council finds and determines that it is in 15 the interests of the public health, safety and welfare to make Section 16 26.4.6-3(b) of the Code consistent with Section 26.4.E-4(b) of the 17 Code; and 18 WHEREAS, the Community Services and Water Department has: 19 (1) performed an Initial Study to determine the potential adverse 20 impacts on the environment that may be caused by the proposed 21 amendment to the Comprehensive Zoning Ordinance; (2) determined that 22 the proposed amendment will not have a significant effect on the 23 environment; and (3) recommended that a Negative Declaration be 24 adopted in compliance with the California Environmental Quality Act; 25 and 26 WHEREAS, in accordance with Section 711.4(c) of the Fish and 27 Game Code, no evidence has been found that the amendment proposed by 28 this Ordinance will have the potential for adverse effects on wild 1 life resources, and this Ordinance is therefore exempt from the fees 2 otherwise payable under Section 711.4; and 3 WHEREAS, on June 2, 2004, the City Council held a duly 4 noticed public hearing on the adoption of this Ordinance; and 5 WHEREAS, the City Council desires to amend the City of 6 Vernon's Zoning Ordinance by amending Section 26.4.E-3(b) of the Code 7 to extend the time in which compliance with Ordinance No. 752 is to be 8 performed. 9 THE CITY COUNCIL OF THE CITY OF VERNON HEREBY ORDAINS: 10 SECTION 1: The City Council of the City of Vernon hereby 11 finds and determines that the recitals contained hereinabove are true 12 and correct. 13 SECTION 2: Section 26.4.E-3(b) of the Code of the City of 14 Vernon, California, 1959, is hereby amended to read as follows: 15 (b) Where the non -conformity occurred as a result of the 16 adoption of Ordinance No. 752 on February 25, 1964: on August 19, 2009.- 17 SECTION 3: CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING. 18 The City Council of the City of Vernon finds that this Ordinance is 19 enacted in order to mitigate the threat posed to the public peace, 20 health, or safety by delaying the implementation of Section 26.4.6-3(b) 21 of the Code. 22 The City Council.hereby finds on the basis of the whole 23 record before it (including the initial study and any comments 24 received) that there is no substantial evidence that the Code 25 amendment proposed by this Ordinance will have a significant effect on 26 the environment individually or cumulatively, and that the Negative 27 Declaration reflects the City of Vernon's independent judgment and 28 analysis, and on the basis of said findings the City Council hereby 1 approves and adopts the Negative Declaration for the project. 2 SECTION 4: Pursuant to Section 711.4(c) of the Fish and 3 Game Code, the City of Vernon City Council has found no evidence that 4 the proposed amendment will have the potential for adverse effects on 5 wildlife resources, and the project is therefore exempt from the fees 6 otherwise payable under Section 711.4. 7 SECTION 5: POSTING. There being no newspaper printed, 8 published or circulated in the City of Vernon, the City Clerk is hereby 9 directed to certify to the passage of this Ordinance and shall post the 10 same, or cause the same to be posted, within fifteen (15) days after 11 its passage in accordance with Section 36933 of the Government Code, in 12 three (3) of the most public places in the City of Vernon, to wit: the 13 northwest corner of 38th Street and Santa Fe Avenue, the northeast 14 corner of Leonis Boulevard and Pacific Boulevard, and on the bulletin 15 board in the lobby of the City Hall of said City, located at 4305 Santa 16 Avenue, all in the City of Vernon, County ofLosAngeles, State of 17 California. 18 SECTION 6: SEVERABILITY. If any section, subsection, 19 subdivision, paragraph, sentence, clause, phrase or word of this 20 Ordinance or any part thereof is for any reason held to be void or 21 unconstitutional or invalid or ineffective by a court of competent 22 jurisdiction, such decision shall not affect the validity or 23 effectiveness of the remaining portions of this Ordinance or any part 24 thereof; it being the intention of the City Council of the City of 25 Vernon to have passed and adopted this Ordinance and each section, 26 subsection, subdivision, paragraph, sentence, clause or phrase thereof 27 irrespective of the fact that one or more of the sections, subsections, 28 subdivisions, paragraphs, sentences, clauses or phrases thereof may be G 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 declared tobeunconstitutional or invalid or ineffective. SECTION 7: Any ordinance, part of an ordinance, or code section in conflict with this Ordinance, specifically Section 21(3)B ofi Ordinance No. 752, is hereby repealed. SECTION 8: 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 day of June, 2004. ATTEST: BRUCE V. MALKENHORST, City Clerk EONIS C. MALaURG, Mayor - 6 - 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 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. 1103, was duly and regularly introduced at a regular meeting of the City Council of the City of Vernon, held on Wednesday, June 2, 2004, and thereafter finally adopted at a regular meeting of the City Council held on Wednesday Junej[9'0,12004, and thereafter was duly signed by the Mayor of the City of Vernon, by the following vote: AYES: Councilmen:Malburg, Ybarra, Gonzales, Davis, and McCormick NOES: Councilmen:None ABSTAINED: u�Councilmen:None ABSENT: Councilmen:None (SEAL) BRUCE V. MALKENHORST, City Clerk - 7 - e n ) i. fir✓ 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. MALKENHORS'�'/� City Administrator/City Cler r V Executive Director of Light & Power FAX: (323) 826-1438 CITY HALL .J' ERIC T. FRESCH n City Attorney FAX: (323) 826-1491 KEVIN WILSON Director of Community Services & Water FAX: (323) 826-1435 STEVEN E. PARKER Fire Chief FAX: (323) 826-1407 BRUCE W. OLSON Police Chief FAX: (323) 826-1481 � LEWIS J. POZZEBON f31YANTA FE AVENUE, VERNON, CALIFORNIA 90058 Director of Enviromental Health TELEPHONE (323) 583-8811 FAX: (323) 588-4320 r-z�-t- ee;:;t-8.\ May 26, 2004 (91 2 J 01A Honorable City Council City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 Gentlemen: c! ! D-t unCe l o- tl 03 The City of Vernon is proposing to adopt an ordinance amending Section 26.4.E-3(b) of the Comprehensive Zoning Ordinance of the City of Vernon to delay the compliance date of Ordinance No. 752 to coincide with the off-street parking and loading requirements established in Section 26.4.E-4(b), which is August 19, 2009. 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, Notice of Intent, Affidavit of Posting, Affidavit of Mailing and Declaration of Publication. 3. Environmental Checklist form and Initial Study. 4. Proposed Negative Declaration. 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. Honorable City Council -2- May 26, 2004 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. 1103 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. Respectfully submitte Sa e/evin ilson, P.E. Director of Community Services & Water SKW:sc Attachments cc: City Attorney CITY OF VERNON COMMUNITY SERVICES DEPARTMENT STAFF REPORT ON THE AMENDMENT OF CHAPTER 26 OF THE CITY OF VERNON COMPREHENSIVE ZONING ORDINANCE TO EXTEND THE TIME WHICH BUILDINGS MUST BE BROUGHT INTO CONFORMITY WITH CERTAIN REGULATIONS May 26, 2004 The City of Vernon is proposing to amend Section 26.4.6-3(b) its existing Comprehensive Zoning Ordinance by extending the time in which certain non -conforming buildings shall be removed. On February 25, 1964, the Vernon City Council adopted Ordinance No. 752, which established zoning districts and regulations restricting use of land and buildings in the City. The City's current Zoning Ordinance requires all properties to comply with the regulations contained in Ordinance No.752 within 40 years of its adoption date. The City of Vernon is proposing an amendment to its zoning regulation extending the compliance date in Section 26.4.E-3(b) to August 19, 2009. BACKGROUND On February 25, 1964, the City Council of the City of Vernon adopted Ordinance No. 752 enacting various regulations, including certain building setback requirements for properties adjoining a street or highway in the City. The purpose of the amendment was to enable the City to study the applicable planning and zoning alternatives on the uses of land and buildings within the City. As previously mentioned, Ordinance No. 752 enacted certain building setback requirements and parking standards. However, since the adoption of this ordinance the City's Comprehensive Zoning Ordinance has changed and certain sections of the Vernon City 'Code ("VCC") have been rendered obsolete and conflict with current zoning. On August 19, 1969, the City Council, adopted Ordinance No. 801, Off -Street Parking and Loading Ordinance, which established requirements for off-street parking for automobiles, their circulation and access, and off-street space for loading and unloading trucks, their maneuvering and access from and to the public streets. The automobile and truck parking provisions of Ordinance No. 752 were superseded by the adoption of Ordinance Nos. 801, 982 and 973. Section 21(3) of Ordinance No. 752 remained intact. That provision codified at Section 26.4.E-3(b) of the VCC, provides that every nonconforming building, structure and use that occurred as a result of the adoption of Ordinance No. 752 on February 25, 1964, shall be completely removed I or altered to structurally conform to the uses and development standards permitted in the zone in which it is located within forty years of the date of adoption, or February 25, 2004. Approximately 40 properties within the City are non -conforming due to setback requirements and would have to be brought into conformity with the City`s regulation this year. Under existing provisions of the VCC, a property owner could face the prospect of bringing his building into conformity with certain regulations now and face additional compliance requirements in 2009. By modifying the compliance time period in Section 26.4.E-3(b), to coincide with the August 19, 2009 date for implementation of the off street parking and loading requirements which is set forth in VCC Section 26.4.6-4, the property owners will be able to make improvements to the property and bring the building(s) into full compliance at one time rather than two separate improvements. 1. GENERAL PLAN The proposed amendment conforms with, and more clearly reflects 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 proposed amendment extending the compliance date in Section 26.4.E-3(b) to August 19, 2009 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 (CEQA) 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 CEQA. 1. 2. 3. 4. 5. 6. 7. 8. 9. CITY OF VERNON INITIAL STUDY Project Title: Lead Agency Name and Address: Contact Person and Phone Number: Project Location: Project Sponsor's Name and Address: General Plan Designation: Zoning: Description of Project: Extension of Ordinance 752 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 On February 25,1964, the Vernon City Council adopted Ordinance No. 752, which established zoning districts and regulations restricting use of land and buildings in the City. Ordinance No. 752 enacted various regulations, including certain building setback requirements for properties adjoining a street or highway in the City. Section 26.4.6-3(b) of the City's current Zoning Ordinance incorporated Section 21(3) of Ordinance No. 752, requires all properties to comply with the regulations contained in Ordinance No. 752 within 40 years of its adoption date. Ordinance No. 752 was enacted on February 25,1964.The City of Vernon is proposing an amendment to its zoning regulations extending the compliance date in Section 26.4.E-3(b) to August 19, 2009. 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 ❑ Public Services ❑ Population and Housing ❑ Biological Resources . ❑ Utilities and Service Sys. ❑ Geophysical ❑Energy and Mineral Resources ❑Aesthetics ❑ Water ❑ Hazards ❑Cultural Resources ❑ Air Quality ❑ Noise ❑ Recreation ❑ Mandatory Findings of Significance Determination. On the basis of this initial evaluation: 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. ■: I find that the proposed ordinance MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. ❑ .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 only the effects that remain to be addressed. ❑ Signature Date Samuel Kevin Wilson City of Vernon Printed Name For -2- ENVIRONMENTAL CHECKLIST FORM Potentially Potentially Significant Less Than Significant Unless Significant No Impact Mitigated Impact Impact I. LAND USE AND PLANNING. Would the proposal: a) Conflict with general plan designation or zoning? ❑ ❑ ❑ X b) Conflict with applicable environmental plans or policies adopted by agencies with jurisdiction over the project? ❑ ❑ ❑ X a and b. This ordinance will apply to the entire City of Vernon and therefore affects all the zoning designations in it. The City of Vernon is primarily made up of industrial and distribution type facilities. The proposed ordinance will extend the 40-year compliance period regarding the setback requirements established by Ordinance No. 752 and codified at Section 26.4.6-3(b) of the Vernon City Code ("VCC"). Therefore, it 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)? ❑ ❑ ❑ X d. Ordinance No. 752 which was enacted on February 25, 1964, established various regulations, including certain building setback requirements for properties adjoining a street or highway in the City. The proposed ordinance extends the compliance period at Section 26.4.E-3(b) of the VCC. Therefore, it is anticipated that the proposed ordinance will not disrupt or divide the physical arrangement of an established community. -3- H. POPULATION AND HOUSING. Would the proposal: a) Cumulatively exceed official regional or local population projections? 1 ❑ ❑ ❑ 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 extends the date within which property owners must bring their buildings into conformity with certain regulations. Therefore, the proposed ordinance will not increase vehicle trips or traffic congestion. 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)? ❑ ❑ 0 X g) Rail, waterborne or air traffic impacts? ❑ 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? ❑ ❑ ❑ X b) Exposure of people to severe noise levels? ❑ 0 ❑ 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? ❑ ❑ 0 X b) Police protection? ❑ ❑ 0 X c) Schools? ❑ 0 ❑ 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? 0 ❑ ❑ X b) Have a demonstrable negative aesthetic effect? 0 ❑ 0 X a and b. The proposed ordinance will have no impacts on the aesthetics of the City. VII. GEOPHYSICAL. Would the proposal result in or expose people to potential impacts involving. a) Seismicity: fault rupture? 0 ❑ ❑ X b) Seismicity: ground shaking or liquefaction? 0 ❑ ❑ X c) Seismicity: seiche or tsunami? ❑ ❑ ❑ X d) Landslides or mudslides? ❑ ❑ ❑ X e) Erosion, changes in topography or unstable soil -5- conditions from excavation, grading or fill? ❑ ❑ ❑ X f) Subsidence of the land? 0 ❑ ❑ 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. VHL WATER. Would the proposal result in: a) Changes in absorption rates, drainage patterns, or the rate and amount of surface runoff. ❑ ❑ ❑ 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)? 0 ❑ ❑ 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 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- IX. AIR QUALITY: Would the proposal: a) Violate any air quality standard or contribute to an existing or projected air quality violation? ❑ 0 ❑ X b) Expose sensitive receptors to pollutants? ❑ ❑ ❑ X c) Alter air movement, moisture, or temperature, or cause any change in climate? 0 ❑ ❑ 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)? ❑ ❑ ❑ 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.)? ❑ 0 0 X d) Wetland habitat (e.g. marsh, riparian and vernal pool)? ❑ ❑ ❑ X e) Wildlife dispersal or migration corridors? ❑ ❑ 0 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)? ❑ ❑ 0 X b) Possible interference with an emergency response plan or emergency evacuation plan? ❑ ❑ ❑ X c) The creation of any health hazard or potential health hazard? ❑ ❑ ❑ 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 b) Communications systems? c) Local or regional water treatment or distribution facilities? d) Sewer or septic tanks? e) Storm water drainage? f) Solid waste disposal? -8- ❑ ❑ ❑ X ❑ ❑ ❑ X ❑ 0 ❑ X 0 ❑ ❑ X ❑ ❑ ❑ X ❑ ❑ ❑ X 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? ❑ b) Disturb archaeological resources? ❑ c) Affect historical resources? ❑ d) Have the potential to cause a physical change which would affect unique ethnic cultural values? ❑ e) Restrict existing religious or sacred uses within the potential impact area? ❑ ❑ ❑ X ❑ ❑ X ❑ ❑ X ❑ ❑ X ❑ ❑ 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, reptile and mammal species that live in close proximity to man. There are no endangered -9- 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, but cumulatively 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. 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 extends the date within which property owners must bring their buildings into conformity with the certain regulations. Therefore it is anticipated that the proposed ordinance will not have a cumulative on the environment of the community. -10- NOTICE OF PUBLIC HEARING TO CONSIDER AMENDMENT 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, June 2, 2004 at 5:00 p.nL TIME: (or as soon thereafter as the matter can be heard) PURPOSE: To consider: (1) the adoption of an ordinance amending the Comprehensive Zoning Ordinance of the City of Vernon to delay implementation of forty (40) year requirement for removal of nonconforming building, structures and uses to August 19, 2009; and (2) the recommendation of 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 May 19, 2004 to June 2, 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 June 2, 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. The hearing may be continued or adjourned to a stated time and place without further notice of a public hearing. Dated: May 19, 2004 - U• RUCE V. MALKENHORST, City Administrator/City Clerk 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 20d' day of May, 2004, post three (3) copies of - NOTICE OF PUBLIC HEARING, to be held on June 2, 2004, (see attached copy) regarding an adoption of an ordinance amending Section 26.4.6-3(b) of the Comprehensive Zoning Ordinance of the City of Vernon to delay the compliance date of Ordinance No. 752 to coincide with the off-street parking and loading requirements established in Section 26.4.6-4(b), which is August 19, 2009; 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. r� Date: Mav 20.2004 Canales, Engineering Aide State of California ) ) ss. County of Los Angeles ) On N aA 2Z12.MkA before me, Gb'lCk �" �„ , Notary Public, personally appeared Sergio Canales, personally known to me (or- known to me on the basis e 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. +i- a -•_. roc � YJrN a .• � ♦ A� a AFFIDAVIT OF MAILING I, Sergio Canales, declare as follows: That I am employed in the Community Services Department in the position of Engineering Aide. 2. That on May 20, 2004 I mailed a copy of Notice of Public Hearing to be held on June 2, 2004, regarding an adoption of an ordinance amending Section 26.4.6-3(b) of the Comprehensive Zoning Ordinance of the City of Vernon to delay the compliance date of Ordinance No. 752 to coincide with the off-street parking and loading requirements established in Section 26.4.6-4(b), which is August 19, 2009; 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. To the owners, tenants and interested parties on the attached lists, by United Statq§ Mail with pystage prepaid. .5�'# ;71 / r STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF VERNON ` , ) On 11A 2-MLI , 2 before meQ0i0t 0APCILOR, Notary Public, personally appeared Sergio Canales, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her 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 a Commission # 1480313 •d Notwy Ptba - Ca tomiq I Ak wNvo At os A Dew County My Comm. Expires Apr 2. 2008 DECLARATION OF PUBLICATION STATE OF CALIFORNIA COUNTY OF LOS ANGELES CLAUDIA ARELLANO NOTICE OF PUBLIC HEARING TO CONSIDER AMENDMENT TO CITY OF VERNON COMPREHENSIVE ZONING ORDI- COMMUNITY SERVICES & WATER DPT NANCE AND NOTICE OF INTENT TO ADOPT SANTA FE AVE yoEA�aa4305 � femon w'v oPules° VERNON CA 90058 H�"PPL'AAC�E: vanes City Connell Chambers, 4305 Santa Fe Avenue, Vernon, NOTICE OF PUBLIC HEARING' DATE & TIME: Wednesday, June 2, AMENDMENT TO COMPREHENSIVE ZONING OR- 2matter bePia�°r as soon thereafter as the DINANCE AND NO PURPOSE. (the the tion aninnncee amending ding Compre- hensive Zoning Ordinance of the City of HEARING/CLOSE/SALE DATE: 06/02/04 Vann ui delay implementation removal on of forty am - year requirement for removal of nonconform- iog building, structures and uses to August 19. 2009, and (2) the recommendation of the Vernon Director of Community Services & Water Departmem to adopt a Negative Decla- ration in accordance with the California The undersigned says: Environmental, Quality Ace because the proposed anus to the Comprehensive Zoning Ordinance will not have a significant I am over the age of 18 years and a citizen of the `ten copy of the posed ordinance and United States. I am not a arts' to and have no interest in party proposed negative declaration b1 be available for this matter. I am a principal clerk 'of the METROPOLI- l public review auri� normal business tours during nor in the Vernon Community Services & water TAN NEWS -ENTERPRISE, a newspaper of general cir- culation in the Cite of Los An eles the Judicial District `� g 2, 2 004. is invited � of Los Angeles, the County of Los Angeles, and the State public also to submit written comments prior to the hewing. You of California, as adjudicated in Los Angeles Superior macegWWZdeclazation�a .m �22, Court Case No. 601165. The notice, a printed copy of 2004 Comments received after that date y ma fun which appears hereon, was published on the following not receive consideratoni If you challenge the adoption of the date(s): May 21, 2004 ordinance Ordin you the limited to raising only those issues you or someone else raised at the (rearing ckscribed in this notice or I declare under penalty of that the foregoing is the City perjury true and correct. Executed at Los Angeles, California on fv� arm e`° The �g may be corm . or ad- 05/21/04. ed tione and place without tnoticx ofapublichewing. Dated: May 19, 2004 B V. MALKINHORST In y A City Administrater/City Clerk CN706029 May 21, 2004 signature Metropolitan News -Enterprise P.O. Box 60859 Los Angeles, Ca 90060 Phone: (213) 346-0033 Fax: (213) 687-3886 Cust. Num.: 011482 Control Num.: 706029 east. Ref Num.: III 111III 11111111111ull Page I of 1 City of Vernon 4305 Santa Fe 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 Section 26.4.6-3(b) of the Comprehensive Zoning Ordinance of the City of Vernon to delay the compliance date of Ordinance No. 752 to coincide with the off-street parking and loading requirements established in Section 26.4.6-4(b), which is August 19, ,2009. The project is subject to the California Environmental Quality Act (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. 9 4 pF VER O~ 'Z r s� Ga�V8LT 11"40J COMMUNITY SERVICES & WATER DEPARTMENT OFFICE MEMORANDUM TO: Bruce V. Malkenhorst, City Administrator FROM: Samuel Kevin Wilsoirector of Community Services & Water DATE: May 19, 2004 SUBJECT: Zoning Ordinance Amendment regarding Ordinance No. 752 The City of Vernon is proposing to adopt an ordinance amending Section 26.4.E-3(b) of the Comprehensive Zoning Ordinance of the City of Vernon to delay the compliance date of Ordinance No. 752 to coincide with the off-street parking and loading requirements established in Section 26.4.6- 4(b), which is August 19, 2009. The project is subject to the California Environmental Quality Act (CEQA)• It is recommended that a public hearing for this amendment be held on June 2, 2004. SKW:sc pF VPip R LY iN00 NOTICE OF PUBLIC HEARING TO CONSIDER AMENDMENT 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, June 2, 2004 at 5:00 p.m. TIME: (or as soon thereafter as the matter can be heard) PURPOSE: To consider: (1) the adoption of an ordinance amending the Comprehensive Zoning Ordinance of the City of Vernon to delay implementation of forty (40) year requirement for removal of nonconforming building, structures and uses to August 19, 2009; and (2) the recommendation of 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 May 19, 2004 to June 2, 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 June 2, 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. The hearing may be continued or adjourned to a stated time and place without further notice of a public hearing. Dated: May 19, 2004 , U• //- E(RTV. MALKENHORST, City Administrator/City Clerk CITY ATTORNEY'S OFFICE, bN'TER-DEPARTMENT MEMORANDUM DATE: May 13, 2004 TO: Bruce V. Malkenhorst, City Administrator/City Clerk FROM: Eric T. Fresch, City Attorney RE: Adoption of an Ordinance Delaying 2004 Requirement for Removal of Nonconforming Buildings, Structures and Uses Dear Bruce: I recommend that the City Attorney be authorized to prepare an amendment to the Comprehensive Zoning Ordinance to delay the implementation of the forty (40) year requirement set forth in Vernon City Code Section 26.4.6-3 for the removal of nonconforming buildings, structures and uses as a result of the adoption of Ordinance No. 752. By delaying the implementation of Ordinance No. 752 requirements to August 19, 2009, to coincide with the August 1,9, 2009 date for implementation of the off street parking and loading requirements set forth in Vernon City Code Section 26.4.6-4, the property owners will have only one compliance date to comply with. I further recommend that you sign the Notice of Public Hearing for June 2, 2004, being submitted under separate cover by Kevin Wilson, have the Notice posted in the three usual places and authorize the Director of Community Service to publish the Notice with the Metropolitan News in accordance with Government Code Sections 6509C and 65091. I look forward to discussing this matter with you at your earliest convenience. EF: j1 cc: Kevin Wilson, Director of Community Services & Water CITY ATTORNEY9S OFFICE eYNTER DEPARTMENT MEMORANDUM DATE: May 13, 2004 TO: Bruce V. Malkenhorst, City Administrator/City Clerk FROM: Eric T. Fresch, City'Attorney Ova) RE: Adoption of an Ordinance Delaying 2004 Requirement for Removal of Nonconforming Buildings, Structures and Uses Dear Bruce: I recommend that the City Attorney be authorized to prepare an amendment to the Comprehensive Zoning Ordinance to delay the implementation of the forty (40) year requirement set forth in Vernon City Code Section 26.4.6-3 for the removal of nonconforming buildings, structures and uses as a result of the adoption of Ordinance No. 752. By delaying the implementation of Ordinance No. 752 requirements to August 19, 2009, to coincide with the August 19, 2009 date for implementation of the off street parking and loading requirements set forth in Vernon City Code Section 26.4.6-4, the property owners will have only one compliance date to comply with. rcommend that you sign the Notice of Public Hearing for June 2, 2004,'.being submitted under separate cover by Kevin Wilson, e Not' e posted in the three usual places and authorize the Director Community Service to publish the Notice with the Metropolitan News in accordance with Government Code Sections 65090 and 65091. I look forward to discussing this matter with you at your earliest convenience. EF:jl cc: Kevin Wilson, Director of Community Services & Water 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 20th day of May, 2004, post three (3) copies of: NOTICE OF PUBLIC HEARING, to be held on June 2, 2004, (see attached copy) regarding an adoption of an ordinance amending Section 26.4.6-3(b) of the Comprehensive Zoning Ordinance of the City of Vernon to delay the compliance date of Ordinance No. 752 to coincide with the off-street parking and loading requirements established in Section 26.4.E-4(b), which is August 19, 2009; 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. 2 Date: Canales, Engineering Aide State of California ) ) ss. County of Los Angeles ) On before me, Q0y-'VX �" w� `CCU , Notary Public, personally appeared Sergio Canales, personally known to me (or- k.,,,..r.., to me on the basis ^r 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 GLORIA MM LEOLEDDA Commission # 1480313 Notary Public - California Los Angeles COwtty ,,-JL, � ki � 13K � L My Comm. Expires Apr 2.2008 AFFIDAVIT OF MAILING I, Sergio Canales, declare as follows: 1. That I am employed in the Community Services Department in the position of Engineering Aide. 2. That on May 20, 2004 I mailed a copy of Notice of Public Hearing to be held on June 2, 2004, regarding an adoption of an ordinance amending Section 26.4.6-3(b) of the Comprehensive Zoning Ordinance of the City of Vernon to delay the compliance date of Ordinance No. 752 to coincide with the off-street parking and loading requirements established in Section 26.4.E-4(b), which is August 19, 2009; 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. To the owners, tenants and interested parties on the attached lists, by United State Mail with tage prepaid. Date: Sign: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF VERNON ) On ��T 9 before me P , Notary Public, personally appeared Sergio Canales, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her 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__,. 6lOR1A tAOLLEDA Commission # 1480313 . I Notary Public - CONOM10 Los Angeles County My Comm. Expires Apr 2. 2W8