Ordinance No. 1110I=
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. 1110
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
VERNON PLACING A MORATORIUM ON THE ESTABLISHMENT OF
RETAIL AND CERTAIN COMMERCIAL AND NON -INDUSTRIAL
ACTIVITIES OUTSIDE THE SANTA FE CORRIDOR, DECLARING
THE URGENCY THEREOF AND A BASIS FOR SAID ORDINANCE
TO TAKE EFFECT IMMEDIATELY
WHEREAS, the City of Vernon was incorporated in 1905 to serve
as an industrial city in California; and
WHEREAS, the City of Vernon has since its incorporation over
100 years ago encouraged the growth of industry within its borders all -
the -while tailoring its Police, Fire, Health, Light & Power, and
Building Departments to service the unique and complex,requirements of
an exclusively industrial city; and
WHEREAS, the City of Vernon since its incorporation has by
use of codes, ordinances, and resolutions sought to maintain and
promote Vernon's mandate as an exclusively industrial city; and
WHEREAS, the intent of the City of. Vernon is to provide an
appropriate municipality to encourage the development and preservation
of large scale and specialized industrial/manufacturing activities; and
WHEREAS, such industrial activities create heavy traffic or
other external effects that can be in conflict with retail, commercial
for other non -industrial uses; and
WHEREAS, in the past year the City of Vernon has experienced
construction of retail, commercial and other non -industrial
establishments which are unnecessary to support industrial operations
and which, by their nature, generate excessive traffic or other
external effects that can be in conflict with industrial areas and
interfere with the efficient operation of the City; and
1
2
3
4
5
6
7
81
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
WHEREAS, these non -industrial activities could pose a current
and immediate threat to public health, safety and welfare within the
City due to the creation of hazards to traffic safety and the ability'
of safety personnel to respond to the unique needs of an exclusively
industrial community; and
WHEREAS, the City of Vernon currently has no comprehensive
retail or commercial ordinance with the exception of some restrictions
as stated in Chapter 26 of the Vernon City Code; and
WHEREAS, the City Council intends to study the extent of
standards needed for the construction and location of retail,
commercial and other non -industrial establishments to achieve the goal
of facilitating the orderly and safe movement of vehicular traffic on
the part of the traveling public and to promote the development and
preservation of large scale and specialized industrial/manufacturing
activities that such unharmonious activities bring to an exclusively
industrial area; and
WHEREAS, the City Council further intends to study the
consequences of retail, commercial and other non -industrial activities
to traffic safety and harms caused by said activities and believes it
is in the interest of the public health, safety and welfare to declare
a moratorium on retail, commercial and other non -industrial activities
while the City studies these issues; 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 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
- 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
111111111111M,
adopted at one in the same regular or special meeting, and shall take
effect immediately; and
WHEREAS, Government Code Section 65858 provides that without
(following procedures otherwise required prior to the adoption of a
zoning ordinance, the legislative body, to protect the public safety,
health and welfare, may adopt as an urgency measure an interim
ordinance prohibiting any uses that may be in conflict with a
contemplatedgeneral plan, specific plan, or zoning proposal which the
legislative body is considering or studying or intends to study within
Ila reasonable time.
THE CITY COUNCIL OF THE CITY OF VERNON HEREBY ORDAINS:
SECTION 1: The City Council of the City of Vernon hereby
Ifinds and determines that the recitals contained hereinabove are true
Land correct.
SECTION 2: . Moratorium. The City Council of the City of
Vernon hereby declares that there is a need for a moratorium on the
establishment of retail, commercial and other non -industrial
establishments in order to protect the public health, safety and
welfare and pursuant to the provisions of Government Code Section
65858, a moratorium is hereby placed on the following:
The establishment and/or construction of any retail,
commercial and other non -industrial businesses, as defined in Section 3
of this Ordinance and the acceptance of applications for, or the
issuance of, permits or variances for such uses.
SECTION 3: The terms"retail," "commercial" and "other
non -industrial" as used in this Ordinance shall have the same ordinary
meaning as those defined in the Vernon City Code Chapter 26 Article II.
Definitions.
- 3 -
Retail use shall mean the point of final sale of goods
directly to customers, including mail-order and internet sales.
Commercial Use shall mean businesses and services, including
but not limited to (a) banks, (b) publishing and printing shops; and
(c) restaurants and coffee shops.
Non -industrial are those uses which are not ancillary to
industrial uses, which do not primarily serve industrial uses and which
are non -harmonious to industrial uses and shall include but not be
limited•
Terminal, freight shall mean any lot, building, or part of a
building in or on which goods or freight are transferred or
redistributed from one vehicle to another.
Terminal, truck shall mean any lot, building, or part of a
building used primarily for the storage, maintenance, or servicing of
highway -type vehicles carrying persons or property including but not
limited to trucks and buses.
Offices, general shall mean offices which are not ancillary
to industrial uses and which do not primarily serve industrial uses and
shall include but not be limited to medical and professional offices,
real estate firms, stock brokerages and bond and insurance firms
SECTION 4: This ordinance is in contemplation of
amendments to the Comprehensive Zoning Ordinance, as well as in
contemplation of the preparation and adoption of one or more specific
plans, and the City Council of the City of Vernon finds that
prohibiting the acceptance of applications for, or the issuance of,
permits or variances for any retail, commercial or non -industrial
activities is urgently required to protect the public safety, health'
and welfare and that absent such an interim ordinance, there would be
- 4 -
9
10
13
i4
15
16
17
18
19
20
21
22
23
24
25
26
27
28
an immediate threat to the public safety, health and welfare and that
the Ordinance is further necessary to preserve and protect the orderly
study of applicable planning and zoning alternatives, and in order to
permit the preparation and implementation of the proper and necessary
planning and zoning amendments and controls.
SECTION 5: Declaration of Urgency. This urgency is based
on the following facts:
a. There is a current and immediate threat to the public
health, safety and welfare arising from the establishment and/or
construction of retail, commercial, and non -industrial businesses
within the City due to the creation of hazards to traffic safety and
harms that arise from the response of health and safety personnel to
activities that differ from industrial activities.
b. The absence of standards for the construction and
location of retail, commercial and non -industrial businesses can
endanger the public, distract drivers, create confusion and foster a
negative image of the City on the part of the traveling public.
C. The City requires time to adopt a comprehensive
ordinance regulating retail, commercial and non -industrial businesses.
SECTION 6: Exception. This ordinance shall not apply to
the establishment and/or construction of any retail, commercial and
other non -industrial businesses otherwise allowed within the C-M Zone
of the City as defined in Chapter 26 of the Vernon City Code. This
ordinance shall not apply to the establishment of retail, commercial
and non -industrial establishments where under the City's existing
ordinances prior to the effective date of this ordinance, either a
permit was not required or the City duly issued a permit.
- 5 -
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
SECTION 6: City Attorney. The City Attorney is directed
to provide a written report to the City Council at least 10 days prior
to the expiration of this ordinance, describing the status of the
measures that have been taken or need to be taken to alleviate the
condition that led to adoption of this ordinance.
SECTION 7: Severability. If any section, subsection,
sentence, clause, -phrase or word of this Ordinance is for any reason
held to be void or unconstitutional, such decision shall not affect the
validity of the remaining portions of this Ordinance; it being the
intention of the City Council of the City of Vernon to pass and adopt
this Ordinance and each section, subsection, sentence, clause or phrase
thereof irrespective of the fact that one or more of the sections,
subsections, clauses, sentences or phrases thereof may be declared to
be invalid or unconstitutional.
SECTION 8: 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 located outside on the wall near the second floor entrance to thel
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 9 Effective Date. This Ordinance shall take
effect immediately upon adoption.
- 6 -
SECTION 10: Expiration. This moratorium shall be of no
further force or effect upon expiration of 45 days from the date of
adoption, or November 26, 2005, unless extended in accordance with
Government Code Section 65858.
APPROVED AND ADOPTED this 12th day of October, 2005.
r
LEONIS C. BURG, Mayor
ATTEST•
BRU V. MALKENHORST, JR.
Acting City Clerk
- 7 -
1 STATE OF CALIFORNIA )
ss
2 COUNTY OF LOS ANGELES )
3
I, BRUCE V. MALKENHORST, Jr., Acting City Clerk of the City of
4
5 Vernon, do hereby certify that the foregoing Ordinance, being Ordinance
6 No. 1110, was duly and regularly introduced at an adjourned regular
7 meeting of the City Council of the City of Vernon, held on Wednesday,
8 October 12, 2005, and thereafter was duly signed by the Mayor of the
9 City of Vernon, by the following vote:
10
11 AYES: Councilmen: Ybarra, Gonzales, Davis, McCormick
12 NOES: Councilmen: None
13 ABSTAINED: Councilmen: Mayor Malburg
14 ABSENT: Councilmen: None
15
16 R V. MALKENHORST, JR.
17 Acting City Clerk
18 (SEAL)
19
20
21
22
23
24
25
26
27
28
8-
CITY ADMINISTRATOR/CITY CLERK'S
INTEROFFICE MEMORANDUM
DATE: November 23, 2005
TO: Kevin Wilson, Director of Community Services & Water
FROM• Nelly Giron, Deputy City Clerk
RE: Ordinance No. 1110 - An Ordinance of the City Council of
Vernon Placing a Moratorium on the Establishment of Retail
and Certain Commercial and Non -Industrial Activities Outside
the Santa Fe Corridor, Declaring the Urgency Thereof ad a
Basis for Said Ordinance to Take Effect Immediately
As you requested, transmitted herewith is a copy of the above -
referenced ordinance, which was approved by City Council on October
12, 2005.
If you have any questions, please contact me. Thank you.
NG:dr
c: Ordinance No. 1110
AFFIDAVIT OF POSTING
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES) ss
CITY OF VERNON )
I, William Wilson, Code Enforcement Inspector, of the City of Vernon
do hereby certify that on the 18th day of October 2005, I did post
three (3) certified copies of:
ORDINANCE NO. 1110 - An Ordinance of the City of the City Council
of the City of Vernon Placing a Moratorium on the Establishment
of Retail and Certain Commercial and Non -Industrial Activities
Outside the Santa Fe Corridor, Declaring the Urgency Thereof and
a Basis for Said Ordinance to Take Effect Immediately.
On each of the following places, to wit: on the bulletin board outside
the main entrance to the City Hall of the City of Vernon located at
4305 Santa Fe Avenue; at the northwest corner of 38th Street and Santa
Fe Avenue; the northeast corner of Leonis Blvd., and Pacific Blvd.,
all in said City, there being no.newspaper of general circulation
printed and published in the City of Vernon.
Date: l i8 05 wm�� �j
William Wilson
Code Enforcement Inspector
State of California )
)ss
County of Los Angels)
On � N J_4 j before me, tmltte6
personally appeared William Wilson
personally known to me -f ..145fZaetev
e
to be the person( _ -.a whose names is/a-pe subscribed to the
instrument and acknowledged to me that he/64e4t4ey executed the
same in hisAa=!}-h authorized capacity, and that by his Ae r
signature(. on the instrument the person(-s-), or the entity upon
behalf of which the person( -a- acted, executed the instrument.
TNESS my hand and official seal
MMUEIA GRON
Commission # 1328374
Notary Public - Califbmia z
Los Angeles County
My Comm. Expires Nov 4, 2005