Ordinance No. 1106. 1 !
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ORDINANCE NO. 1106
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 AMENDING SECTION
26.4.E-8(d) OF SAID CODE REGARDING WAREHOUSE USE
AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES
IN CONFLICT THEREWITH AND DECLARING THAT SAID
ORDINANCE SHALL TAKE EFFECT IMMEDIATELY
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 sec.., 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, by adoption of Ordinance No. 982 on April 18, 1989
and Ordinance No. 973 on May 2, 1989, the City Council enacted the
Comprehensive Zoning Ordinance, which is codified as Chapter 26 of the
Vernon City Code; and
WHEREAS, on July 13, 1999, the City Council of the City of
Vernon (the "City Council") adopted Ordinance No. 1075, which, among
other things, amended Vernon City Code Section 26.4.E-8(d) regarding
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warehouse use of property in the M Zone; and
WHEREAS, Section 26.4.E-8(d) of the Comprehensive Zoning
Ordinance, as modified by Ordinance No. 1075, needs to be clarified and
brought into conformity with the City Council's intent which was to
allow that portion of buildings over 75,000 square feet in size and
utilized for a warehouse use on August 12, 1999, the effective date of
Ordinance No. 1075, to be reoccupied by an industrial or warehouse use
until January 1, 2014; and
WHEREAS, the City Council adopted a General Plan for the City
of Vernon by Resolution No. 5609 on April 18, 1989, as revised by
Resolution Nos. 6109 and 7711 on June 16, 1992 and February 21, 2001,
respectively; and
WHEREAS, one of the goals of the City's General Plan is to
maintain and expand its industrial base; and
WHEREAS, in adopting Ordinance No. 1075, the City Council
never intended that if a portion of a building was utilized for
warehousing purposes that the entire building could be subsequently
utilized for warehousing; and
WHEREAS, the Director of Community Services & Water has
recommended that Section 26.4.E-8(d) of Chapter 26 of the Vernon City
Code be amended to clear up any ambiguity and
WHEREAS, the City Council finds and determines that it is in
the interests 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, Chapters 4.3(e) and 4.4 of the Charter of the City
of Vernon provide that an ordinance declared by the City Council to be
necessary as an emergency measure for the immediate preservation of
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am
the public peace, health, or safety, and containing a statement of the
reasons for its urgency, may be adopted in the manner provided in said
Charter, except that such emergency ordinance may be introduced and
adopted at one in the same regular or special meeting, and shall take
effect immediately.
THE CITY COUNCIL OF THE CITY OF VERNON HEREBY ORDAINS:
SECTION 1: The City Council of the City of Vernon hereby
finds and determines that the recitals contained hereinabove are true
and correct.
SECTION 2: Section 26.4.E-8(d) of the Vernon City Code isl
thereby amended to read as follows:
(d) A property in the M Zone which on the effective
date of Ordinance No. 10751 is improved with a building
with a floor area of 75,000 square feet or more
utilized for warehouse purposes may subsequently be
utilized for warehouse purposes to the same extent as
the property was utilized for warehouse purposes on
the effective date of Ordinance No. 1075, until
January 1, 2014, subject to the conditions set forth
in paragraphs (b) and (c) of this section.
SECTION 3: 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 delaying the
implementation of Section 26.4.E-8(d) of the Code.
SECTION 4: 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
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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 5: 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,
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 6: Any ordinance, part of an ordinance, or code
section in conflict with this Ordinance, specifically Ordinance No.
1075, is hereby repealed.
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SECTION 7: EFFECTIVE DATE. This Ordinance shall take
effect immediately upon adoption.
APPROVED AND ADOPTED this 2Id day of March, 2005.
ATTEST:
BRUCE V. MALKENHORST, City Clerk
EONIS C. MALB _G, Mayor
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STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon,
do hereby certify that the foregoing Ordinance, being Ordinance No.
1106, was duly and regularly introduced at a regular meeting of the
City Council of the City of Vernon, held on Wednesday, March 2, 2005,
and thereafter was duly signed by the Mayor of the City of Vernon, by
the following vote:
(SEAL)
AYES:
Councilmen:
Malburg, Ybarra, Gonzales
Davis, McCormick
NOES:
Councilmen:
None
ABSTAINED:
Councilmen:
None
ABSENT:
Councilmen:
None
BRUCE V. MALKENHORST, City Clerk
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CITY COUNCIL
LEONIS C. MALBURG
Mayor
THOMAS A. YBARRA
Mayor Pro -Tern
WM. 'BILL" DAVIS
Councilman
H. "LARRY" GONZALES
Councilman
W. MICHAEL McCORMICK
Councilman
BRUCE V. MALKENHORST
City Administrator/City Clerk
Chief Executive Officer of
Light & Power
ERIC T. FRESCH
City Attorney
March 7, 2005
CITY HALL
4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058
TELEPHONE (323) 583-8811
Coded Systems
120 Main Street
Avon, New Jersey 07717
Attn: Mary Beth Smith
JOHN KARNS
Karns & Karabian
General Counsel
KEVIN WILSON
Director of Community Services & Water
STEVEN E. PARKER
Fire Chief
SOL BENUDIZ
Police Chief
LEWIS J. POZZEBON
Director of Environmental Health
RORY BURNETT
Gursey, Schneider & Co. LLP
City Accountant
Dear Mary Beth:
Enclosed herewith is a copy of Ordinance No. 1106 to be incorporated
into the Vernon Municipal Code.
Prior to your final incorporation of this supplement, please FAX or mail
the supplement for our review. We will notify you immediately if we are
in concurrence, and/or of any discrepancies.
After final review, forward 62 sets of the supplement to my attention.
If you have any questions, please do not hesitate to contact me.
Very truly yours,
\CITY OF VERNON
Nell" Giron
Deputy City Clerk
NG:rcm
enclosure
"Exclusively Industrial"
AFFIDAVIT OF POSTING
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF VERNON )
I, Martha Valenzuela, Office Manager in the Finance Department
with the City of Vernon, do hereby certify that I did, on the
loth day of March 2005, post two (2) copies of:
ORDINANCE NO. 1106 - 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 AMENDING SECTION 26.4.6-8(d) OF
SAID CODE REGARDING WAREHOUSE USE AND REPEALING ALL ORDINANCES
OR PARTS OF ORDINANCES IN CONFLICT HEREWITH AND DECLARING THAT
SAID ORDINANCE SHALL TAKE EFFECT IMMEDIATELY
One in each of the following places, to wit: at the northwest
corner of 38th Street and Santa Fe Avenue; the northeast corner
of Leonis Blvd. and Pacific Blvd., all in said City, there being
no newspaper of general circulation printed and published in the
City of Vernon.
r�
Date: S1) tv SOD.. I ",`
Martha Valenzuela
Office Manager
State of California )
) ss
County of Los Angeles)
On Notary Public,
/�i � � before me, Manuela Giron,
personally appeared Martha Valenzuela personally known to me (
to be the
person-.F ) whose name (&) is/at!e subscribed to the instrument and
acknowledged to me that to/she/-e**ey executed the same in
.fie/her/t*eitr authorized capacity, and that by hi /her/&h7r�
signature(s-) on the instrument the person(&), or the entity upon
behalf of which the person(w) acted, executed the instrument.
- MaNUEtAGtRON WITNESS my hand and official seal
M
Commission # 132t3374ZNotary Public California \ n
Los Angeles County
onvn. Fires Nov 4,
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF VERNON
AFFIDAVIT OF POSTING
ss
I, Rebecca Moore, Utility Clerk with the City of Vernon, do
hereby certify that on the loth day of March 2005, I did post one
(1) copy of:
ORDINANCE NO. 1106 - 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 AMENDING SECTION 26.4.6-8(d) OF
SAID CODE REGARDING WAREHOUSE USE AND REPEALING ALL ORDINANCES
OR PARTS OF ORDINANCES IN CONFLICT HEREWITH AND DECLARING THAT
SAID ORDINANCE SHALL TAKE EFFECT IMMEDIATELY
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.
Date : � 6�
PLC_
Rebecca Moore
Utility Clerk
State of California )
ss
County of Los Angeles)
On 3& fd 5- before me, Manuela Giron, Notary Public,
personally appeared Rebecca Moore personally known to me (er-
knewn to mte on b-he basis of
to be the
person( whose name(-e-) is/tee subscribed to the instrument and
acknowledged to me that ire/she/-t- executed the same in
-k-rs/her/tie r authorized capacity, and that by 4t4rs/her/tom
signature(-&-) on the instrument the person( -a-), or the entity upon
behalf of which the person(&) acted, executed the instrument.
r--� - —_Yw.:_ W NESS my hand and official seal
MANUELA GIRON
Commission # 1328374
Z Notary Public - California
Los Angeles County
01' Q)MY Comm- ExPWes Nov 4. 2005
CITY COUNCIL
LEONIS C. MALBURG
Mayor
THOMAS A. YBARRA
Mayor Pro—Tem
WM. 'BILL" DAVIS
Councilman
H. "LARRY" GONZALES
Councilman
W. MICHAEL McCORMICK
Councilman
BRUCE V. MALKENHORST
City Administrator/ City Clerk
Chief Executive Officer of
Light & Power
ERIC T. FRESCH
City Attorney
City Council
City of Vernon
Honorable Members:
CITY HALL
4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058
TELEPHONE (323) 583-8811
February 23, 2005
JOHN KARNS
Karns & Karabian
General Counsel
KEVIN WILSON
Director of Community Services & Water
STEVEN E. PARKER
Fire Chief
SOL BENUDIZ
Police Chief
LEWIS J. POZZEBON
Director of Environmental Health
RORY BURNETT
Gursey, Schneider & Co. LLP
City Accountant
C� ryID��
It is necessary at this time that an emergency ordinance be adopted
amending the language of the City of Vernon Code Section 26.4.E-8(d)
as follows:
(d) "A property in the M Zone which on the effective date
of Ordinance No. 1075 is improved with a building with
a floor area of 75,000 square feet or more utilized for
warehouse purposes may subsequently be utilized for
warehouse purposes to the same extent as the property
was utilized for warehouse purposes on the effective
date of Ordinance No. 1075, until January 1, 2014,
subject to the conditions set forth in paragraphs (b)
and (c) of this section."
This has been reviewed by the City Attorney and it is hereby
recommended that an emergency Ordinance be approved and adopted to
amend the language of the City of Vernon Code Section 26.4.E-8(d).
BVM:rcm
Very truly yours,
Y , w
Bruce V. Malkenhorst
City Administrator/City Clerk
"Exclusively Industrial"
COMMUNITY SERVICES & WATER DEPARTMENT
OFFICE MEMORANDUM
TO: Bruce V. Malkenhorst, City Administrator
46-11
FROM: Samuel Kevin Wilson, Director of Community Services & Water
DATE: February 24, 2005
SUBJECT: EMERGENCY ZONING AMENDMENT SECTION 26.4.E-8(d) REVISED
The City of Vernon recently received a zoning appeal regarding the property use of the
building located at 4400 Pacific Boulevard. The property owner appealed the City's
interpretation of the language contained in Section 26.4.6-8 (d) of the Vernon City Code which
states:
"A property in the M-Zone which on the effective date of Ordinance No. 1075 is
improved with a building with a floor area of (75,000) square feet or more utilized for warehouse
purposes may subsequently be utilized by either industrial or warehouse purposes until January
1, 2014, subject to the conditions set forth in paragraphs (b) and (c) of this section."
City staff had advised the property owner that the vacant portion of 4400 Pacific
Boulevard previously occupied by an industrial use could not be reoccupied by a warehouse use.
It appears that the City's interpretation of this code section has been overly restrictive.
In reviewing the staff report supporting the adoption of Ordinance No. 1075 it is apparent
that City staff was enforcing the intent of the ordinance, not the specific language of the
ordinance. The intent of the ordinance was to allow that portion of buildings over 75,000 square
feet in size and utilized for a warehousing use on August 12, 1999 to be reoccupied by an
industrial or warehouse use until January 1, 2014. Prior to the adoption of Ordinance No. 1075
the code prescribed that any building over 75,000 square feet that was converted from a non-
conforming use, (i.e. a warehouse in excess of 50,000 square feet) to conforming use, (i.e. an
industrial use) could not be converted back to non -conforming use. Per the City Code a non-
conforming use, i.e. a warehouse in excess of 50,000 square feet is a grandfather use until
January 1, 2029.
One of the goals of the City's General Plan is to maintain and expand its industrial base.
Given the circumstances prior to the adoption of Ordinance No. 1075 the City was finding that
its zoning requirements were inhibiting the goal of expanding its industrial base. In short,
property owners were not converting large buildings from warehouse uses to manufacturing
operations due to the fact that they would not be allowed to lease the property to a warehouse use
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in the future. The intent of one portion of Ordinance No. 1075 was to relax these requirements
such that those buildings being utilized for warehousing may subsequently be utilized for either
manufacturing or warehousing. It was never the intent to allow a building or a portion of a
building in excess of 75,000 square feet utilized for a conforming use (i.e. manufacturing) to be
converted to a non -conforming use. It can be noted that since the passage of Ordinance No.
1075 the City has been successful in numerous cases with large buildings being converted from
warehousing to manufacturing.
With that said, in reviewing the specific language of Section 26.4.6-8 (d) it appears that
the language allowed for a loophole wherein if a portion of the building was utilized for
warehousing purposes the entire building could be subsequently utilized for warehousing.
This code provision affects numerous properties. It is therefore recommended that an
emergency ordinance amending the language to reflect the true intent of the language be adopted. It is
therefore recommended that City of Vernon Code Section 26.4.6-8(d) be replaced as follows:
(d) "A property in the M Zone which on the effective date of Ordinance No. 1075 is
improved with a building with a floor area of 75,000 square feet or more utilized for
warehouse purposes may subsequently be utilized for warehouse purposes to the same
extent as the property was utilized for warehouse purposes on the effective date of
Ordinance No. 1075, until January 1, 2014, subject to the conditions set forth in
paragraphs (b) and (c) of this section."
SKW/ca
c: Eric Fresch
C7Y COUNCIL
CL��ZONIS C. MALBURG
Mayor
THOMAS A. YB
Mayor Pro—Tem �
WM. "BILL" DAVIS ® IN
Councilman
H. "LARRY" GONZALEV
Councilman
W. MICHAEL MCCORMICK
Councilman
BRUCE V. MALKENHORST
City Administrator / City Clerk
FAX (323) 826-1438
CITY HALL
4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058
TELEPHONE (323) 583-8811
August 5, 2003
Bruce V. Malkenhorst
City Administrator
City of Vernon
4305 Santa Fe Avenue
Vernon, California 90058
-,11iJARDO OLIVO
City Attorney
FAX: (562) 869-1883
KEVIN WILSON
for of Community Services & Water
FAX: (323) 826-1435
KENNETH J. DeDARIO
Director of Municipal Utilities
FAX: (323) 826-1425
STEVEN E. PARKER
Fire Chief
FAX: (323) 826-1407
BRUCE W. OLSON
Police Chief
FAX: (323) 826-1481
Re: Proposed Ordinance Clarifying Standards for
Conditional Use Permit for Hazardous Waste
Treatment Facilities in the M-Zone
Dear Bruce:
In reviewing the City of Vernon Municipal Code we
found an omission concerning the standards for a conditional use
permit for hazardous waste treatment facilities. According to
Section 26.3.5-3(b) of the Code, a hazardous waste treatment
facility may be permitted in the M-Zone subject to approval of a
conditional use permit, so long as they comply with all the
requirements of state and federal law and subject to the
standards specified in Section 26.5.2-9. However, Section
26.5.2-9 is silent as to the standard conditions for hazardous
waste treatment facilities in the M Zone.
According to the City's Comprehensive Zoning
Ordinance, the standard conditions for hazardous waste treatment
facilities were intended to be identical to the standard
conditions for junk and salvage yards as specified in Section
26.5.2-9, subparagraphs (b)(1) through (b)(5). An amendment to
Section 26.5.2-9 apparently resulted in the inadvertent deletion
of the words "hazardous waste treatment facility" from Section
26.5.2-9 (b) .
Bruce V. Malkenhorst
August 5, 2003
Page 2
It is apparent the City Council intended that the
standard conditions for hazardous waste treatment facilities be
identical tothestandard conditions for junk and salvage yards.
Given this, we have prepared a draft Ordinance which amends
Section 26.5.2-9(b) and adds the words "hazardous waste
treatment facilities" to the section and corrects the
inadvertent deletion. A copy of the Ordinance is enclosed for
your review.
It is our recommendation that consideration of this
Ordinance by the City Council be placed on the Agenda for the
next City Council meeting.
Sincerely,
Eduardo Olivo
City Attorney
Enclosures
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+CaISPaENWI.YE ZONINQ OWIKWE
OF THE
CITY OF VEItM
Chapter 26 of
The cads of the City of Y.rnm
Effect i vs Date of This "di nafte
April I8, 1"9
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(a) And such other conditions as will sake possible the
development of the city in en orderly and efficient manner
in conformity with the -intent and purposes sat forth in
this title.
sec. 26.5.2-9. staooard conditions for specific facilities. Men
the following miss are pamitted by Conditional use permit the
standard conditions for oath identified use shall be as follows:
(a) Public a orago facilities jejUin4 Sic mini -warshoy s.
(1) No hazardous materials, including without limitation,
explosives, corrosives, awimition, Humble liquids, solvents,
gasoline, chemicals or cooWstibles., may be stored in the stor"a
units, nor may any tenant engage in any spray painting or sanding in
the storage facilityl
(2 All storage units shall be equipped with landlord's
lock. Food storage shall be limited to products that art contained in
cans or bottles;
(3) The landlord shall keep at all times a master list of
tenants and Access to the units shall be.granted only to the tenant or
his agent when a signature of ono so authorized is on files
(s) All loasds submitted by the public storage facility
to the tenants shall include the requirement for periodic safety
inspettions by the City of Vernon;
(S) A landlord's representative shall be on the promises
at all times daring normal business hours and a list of all parsons
entering the building shall be maintained and made available to City
I of Vernon inspectors;
t6) Whon+aitar a public storage facility is discontinued
for a era of two hundrad seventy (270) days or not maintained in a
suit4b a Condition, the permit tqy be voidedt and
(7) All other police, fire health and community service
department requirownts not 1istdd herein shall bo coed ied with'.
(bi jfi ardott& V% to treatment facilities, M. J%Mk alai,
stivaae �C�i. .
�t of an (1) No building or structure shalt be located within ton
y property line abutting a street unless noted other viso in
th s section, All sgch required yards shall be landscaped and
sprhW ared in accordance with a plan approved by the director of
40ity Servicos papartmont;
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(2) Tha architectural character of the proposed
structures shrill be based upon the apppropriAte use of sou"dproofing
Materials and upon the principles of hirmy and proportion in the
e1000t of the structures. The butldiags shall always be maintained
In their ariginal condition;
' (s)} The sound level shall not exceed sixty-five (65) dBA
as raeasur�ed at or'at any point outside the prdpert lines of he
property on which the noise source is located, or the u bient
1 environmental noise alternative may be used, whereby the maxima sound
level shall oat exceed the equivalent sound Wal for sight (0) hours
as measured at the property lines on a► normal weekday (work day)
between the hours of 6:00 AN and 4:04 PM.. The noise source. in
question shall be off during these measurearents;
within an enalasedse
tting; trash -related activities shall be cmWeeted
and
(S) The facility has received a permit from tho South
Coast Air Quality Control District and any other State or federal .
agency.
(c) C dnaration facilities Aw trash 12 20groy,facilities.
(Iy All facilities shall most the requirements of
subdivision () of this section.
(Z) The proposed distribution and transmission shalt
conform to W regulation of the Federal Energy "ulatory Commission;
(3) ' The facility shall be determined a qualifying
facility pursuant to the Federal Energy Regulatory Coamissioh; and
(4) The electric'int ration of the facility shall be in
accordance with the rules and reguuiatioas of the City of Vernon light
and Power Department.
sae. 26-6.9-10. Voiding or extending permit.
(a) YAJAIng . The Council following receipt of a
recothseadation the Director -of Community Services, upon notice
and hearing as specified hereino prey by resolution, void any
conditional usg permit for n0gcW plianc• With the conditions set forth
In
granting the c0nditiON41 use permit. A letter stating the
Council's intent to conslddr the voiding of the permit and. specifying
the reasons therefor, Shall b# given to the permittee not less thso
ton (10) days prior to Council action. The Council shall conduct a
publfc t�eWng And notice of the public hearing shall be given as
provided in s,ubsacti4n (b) of Section 26.s.1-4.
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ApDINANCE NO 105A3
AN OROXNANOM OF THE Cr'rY CO'Cf>2iCLL of TIM CrTY OF
gR 16 OF TKH COPE OF THE
YMWON ANI�iOINQ 1959 r 13Y AHENDING
CITY Or' vwxotf r C?►I�I�'4RNIAr MD 26. 5.2-9
SuCT10NS 20.2614, a6.4�2's� REpgALYxr" ALL
RMA"ING ',ONING Rmulumm" iIND cONFt IcT
CIAD2NANeE9 OR PARTS of ORD1NANCZS xN
TEIERMXTH
MEAS4 the OooprehenGiYe zoning OrdinancO of t►p, City Of
2 1989, by Ordinance No. 973; and
vernorn Was adopted on Nay ,
W MMS, V=Oua►nt to saation 26.2.4-6 of said Ordinance,
rp,rrigeXated warehouses ara required to >tdOvt the slams autosabile
pe.rking requirOMOnts As other induatri.es and whrnhouetes, but have
dsvotael to permanent retriger ACion
is�trge areas of buaaaa ilding P e and
subject to only limited PCOWancy by e�ploycm
pHLR�s, the definition of ar refrigerated warehouse needs :
to be clarified to excsluds areas used for proeassiny, prspaving, bad
paokaginqg and
Wgg j the e+xi8tin9 standards for autpynobiie Parking for
refrigerated waYet�Qus�a+�s hays crenated haxdaitips which canb+� FBssedied
by providing oxcept:ions therefor; and
WHEREAS, the Otanda►rd conditions for hasardous waste
ard�, cagQperatian
treatment taciliti.es�, junk and salvage Y
d trash to snsrgy facilities contained in 6eation
22 facilities, an
23. 26.5.2-9(h) (1) *of said prdinande regvira t "No building or
that
Rine
14 st:cudture shall be located within ton fast of anx property
25 abutting a► street unleae noted 4therWISO in this aeetion;
N And
WHSr
no nl.texnative to such Setback provision is no't�
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clarified to
27 in Section 26.5.2-9, and Paid section need ks from all
property
iuix'� g,atbaa
211.
A deal te: said. exception and to rec
07,' 9/2003 16':38 FAX 3238261435 •COMMUNITY SERVICES ED OLIVO
APR-22-2002 MON 01:14 PM OLIVO & PLASCENCIA FAX NO, 562 869 1883
,w No.%4 04/15 102 PM 01:32 1D:LF_Gk.DEP7 FAX:323 826 1439
IM 007/007
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USE TYPE
RECLuiRED SPACES
Roatauranto, night
clubs, bars and one space par.100 agaare
test of public area and
similar uses.
one space per Soo squnra
Peat of remaining floor
area.
Auditoriums mating halls, trade one space per ],00 square
schools, and other
places of feet of public area and
t�sses►b�ly.
one space per 500 sgoare
feet of ramliming floor
area►.
Schools sub to the
8th ade ones co per clasaroomo
Resident DWallin9
Unlit Detached, ona nmca Per unit.
�•
M
Residernt Dwelling
unit - Multiple one and ones -half apaaes
er unit.
For uses not
identified in this section, the dirsotAr of
ammunity aerviaes
shell racomend the number of spaces required at
the time ouch use
is proposed to be locatsd in the city and shall
notify the obunoil
of the reCOMMendation. With the ""cur"noe oP
tho council„ the .director of community services shall utilise the
r.icnmmended number
of spaces as the Rtmndard tar that and eisti.lar
uedsb such determination of xequired number of spaces shall bo
raaordad no spQcifie4 in section 26.5.4-1. .
, TON At The city council of the City of VAIMOn hQxQbY
&*ends gootion 26.5.2-9 of the Code of the City of Vernon#
ca3itornia, JL9691 by amending subparagraph (b) as follows. The
bolance of Sootion 26.5.2-•9 shall reeain Unchanged'
060. 24.5.2-9. standard condition■ for epaai.fle ljoilitias.
(b) Junk and salvage yards-
(1) No building or structure shall be Located Within
tell feet of any property line abutting a street. All such raVLr*d
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ORDINANCE NO. xxxx
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 AMENDING
SECTION 26.5.2-9 REGARDING ZONING REQUIREMENTS
FOR HAZARDOUS WASTE TREATMENT FACILITIES
WHEREAS, on May 2, 1989, the City Council of the City of
Vernon adopted Ordinance No. 973, the Comprehensive Zoning Ordinance
which was codified as Sections 26.1.1 through 26.5.4 of the Vernon
Municipal Code ("VCC")and
WHEREAS, pursuant to Section 26.5.2-9 of said Ordinance the
standard conditions for hazardous waste treatment facilities were
intended to be identical to the standard conditions for junk and
salvage yards as specified in Sections 26.5.2-9, subparagraphs (b)(1)
through (b)(5) of said ordinance; and
WHEREAS, on July 1, 1997, the City Council of the City of
Vernon adopted Ordinance No. 1053 and amended Section 26.5.2-9(b)(1)
of the VCC to change the setback requirements regarding buildings and
structures as a standard condition for hazardous waste treatment
facilities and junk and salvage yards; and
WHEREAS, Ordinance No. 1053 inadvertently deleted the words
1"hazardous waste treatment facilities" from subparagraph (b) causing
no reference to be made in Sections 26.5.2-9, subparagraphs (b)(1)
through (b)(5) regarding the standard conditions for hazardous waste
treatment facilities when Ordinance No. 1053 was enacted; and
WHEREAS, the City Council desires that the standard
(conditions for hazardous waste treatment facilities be identical to
the standard conditions for junk and salvage yards as intended
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1 pursuant to Ordinance No. 973 and that the corrections to the VCC set
2 forth herein be made.
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4 THE CITY COUNCIL OF THE CITY OF VERNON HEREBY ORDAINS:
5 SECTION 1: The City Council of the City of Vernon hereby
6 finds and determines that the recitals contained hereinabove are true
7 and correct.
8 SECTION 2: The City Council of the City of Vernon hereby
9 amends Section 26.5.2-9 of the Code of the City of Vernon, California,
10 1959; entitled "Standard conditions for specific facilities" by
11 amending subparagraph (b) as follows. The balance of Section 26.5.2-9
12 shall remain unchanged:
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14 (b) Hazardous waste treatment facilities, and junk and
15 salvage yards.
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17 SECTION 3: Any ordinance, part of an ordinance, or code
18 section in conflict with this ordinance is hereby repealed.
19 SECTION 4: If any section, subsection, sentence, clause, or
20 phrase or word of this ordinance is for any reason held to be void or
21 unconstitutional, such decision shall not affect the validity of the
22 remaining portions of the ordinance; it being the intention of the
23 City Council of the City of Vernon to adopt and pass this ordinance
24 and each section, subsection, sentence, clause or phrase thereof
25 irrespective of the fact that one or more of the sections,
26 subsections, clauses, sentences or phrases thereof may be declared
27 void or unconstitutional.
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SECTION 5: There being no newspaper printed, published or
circulated in the City of Vernon, the City Clerk is hereby directed to
certify to the passage of this ordinance and shall post the same, or
cause the same to be posted, within fifteen (15) days after its
passage in accordance with Section 36933 of the Government Code, in
three(3) of the most public places in the City of Vernon, to wit: the
northwest corner of 38th Street and Santa Fe Avenue, the northeast
corner of Leonis Boulevard and Pacific Boulevard, and on the bulletin
board in the lobby of the City Hall of said City, located at 4305
Santa Fe Avenue, all in the City of Vernon, County of Los Angeles,
State of California.
SECTION 6: This ordinance shall be in full force and effect
thirty (30) days from and after its passage of the same.
APPROVED AND ADOPTED this day of , 2003.
(ATTEST:
IBRUCE V. MALKENHORST, City Clerk
LEONIS C. MALBURG, Mayor
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STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
)
ss
I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon, do
hereby certify that the foregoing Ordinance, being Ordinance No. XXXX
was duly and regularly introduced at a regular meeting of the City
Council of the City of Vernon, held on Wednesday, 2003, and
thereafter adopted at a regular meeting of said City Council held on
Wednesday, , 2003 by the following vote:
(SEAL)
AYES: Councilmen:
NOES: Councilmen:
ABSENT: Councilmen:
BRUCE V. MALKENHORST, City Clerk
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CITY COUNCIL
` LEONIS C. MALBURG
Mayor
THOMAS A. YBARRA
Mayor Pro-Tem
WM. 'BILL" DAVIS
Councilman
H. "LARRY" GONZALES
Councilman
W. MICHAEL MCCORMICK
Councilman
BRUCE V. MALKENHORST
City Administrator/City Clerk
FAX (323) 826-1438
City Council
City of Vernon
Honorable Members:
EDUARDO OLIVO
City Attorney
FAX: (562) 869-1883
KEVIN WILSON
Director of Community Services & Water
v FAX: (323) 826-1435
CITY HALL
4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058
TELEPHONE (323) 583-8811
May 29, 2003
KENNETH J. DeDARIO
Director of Utilities
FAX: (323) 826-1425
STEVEN E. PARKER
Fire Chief
FAX: (323) 826-1407
BRUCE W. OLSON
Police Chief
FAX: (323) 826-1481
At this time staff and the City Attorney are reviewing the necessity
of a variance for the Malburg Generating Station Project to meet the
parking requirements of the Comprehensive Zoning Ordinance.
BVM/gm
Very truly yours,
Bruce V. Malkenhorst
City Administrator/City Clerk
i ,S •,» O
Or
s
tx ,t,9J
COMMUNITY SERVICES & WATER DEPARTMENT
OFFICE MEMORANDUM
TO: Bruce V. Malkenhorst, City Administrator
FROM: Samuel Kevin Wilson, of Community Services & Water
DATE: May 29, 2003
SUBJECT: VARIANCE FOR MALBURG GENERATING STATION
The City of Vernon Utilities Department is proceeding with the construction of the Malburg
Generating Station Project (the "Project"). At this time it appears that a variance may be needed in
order for the Project to meet the parking requirements in the Vernon City Code. Staff and the City
Attorneys Office are continuing to review the necessity of a variance for the Project.
SKW/ca
COMMUNITY SERVICES & WATER DEPARTMENT
OFFICE MEMORANDUM
TO: Bruce V. Malkenhorst, City Administrator
FROM: Samuel Kevin WilsoneDirector of Community Services & Water
DATE: May 20, 2003
SUBJECT: Variance for Malburg Generation Station Project located at 2715 5e Street
Malburg Generation Station Project (MGS) Project has submitted an application for a variance
from Section 26.4.2-6 of the Comprehensive Zoning Ordinance; it states that adequate off-street
parking and loading space shall provide for each use, development or property, or for each building, to
accommodate all automobiles or similar vehicles of the officers, employees, vendors, salesmen,
visitors, and other persons normally transacting business at such enterprise or building. The MGS
Project is an electrical generating facility (Power Plant), which will be located on approximately 3.4
acres of Vernon's existing Station A. The MGS Project will consist of industrial equipment. The
buildings and structures housing the equipment have large footprints, which restricts the ability to
provide the adequate parking on the property site. The City's utilities Department is requesting
approval of their variance to allow.them to relocate and provide the required parking on leased land
within 1,000 feet of the site.
It is recommended that you receive this application and that a public hearing for this
application be set for June 4, 2003.
SKW/sc
7
pF MER
4~ 0�
A1.
a�VELY 1M00
COMMUNITY SERVICES & WATER DEPARTMENT
OFFICE MEMORANDUM
TO: Bruce V. Malkenhorst, City Administrator
444,
FROM: Samuel Kevin Wilson, Director of Community Services & Water
DATE: May 29, 2003
SUBJECT: VARIANCE FOR MALBURG GENERATING STATION
The City of Vernon Utilities Department is proceeding with the construction of the Malburg
Generating Station Project (the "Project"). At this time it appears that a variance may be needed in
order for the Project to meet the parking requirements in the Vernon City Code. Staff and the City
Attorneys Office are continuing to review the necessity of a variance for the Project.
SKW/ca
11
NOTICE OF PUBLIC HEARING
The City of Vernon will conduct a Public Hearing, which you
may attend.
Place: Vernon City Hall
City Council Chambers
4305 Santa Fe Avenue
Vernon, CA 90058
Time: Wednesday, June 4, 2002 at 5:00 p.m.
Applicant: Malburg Generation Station Project
The purpose of the hearing is to obtain testimony from
affected and/or interested persons regarding this application.
The public is also invited to submit written comments regarding
the request prior to the Hearing.
Request: Grant a variance to allow the applicant to
provide the required parking pursuant to
Section 26.4.2-6 of the Comprehensive Zoning
Ordinance on leased land within 1,000 feet of
the site.
Property Involved: 2715 E. 50th Street
(See reverse side)
Review of the file: The application, maps, and supporting
information are available in the office of
Community Services, Vernon City Hall,
4305 Santa Fe Avenue, between the hours -of
7:15 a.m. and 5:15 p.m. Monday through
Thursday.
If you challenge the granting of this Variance or any
provisions 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.
ZAGam'.
9R<JCE V. MALKE RS
City Administra or/City Clerk