Ordinance No. 1111'
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ORDINANCE NO. 1111�
AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF VERNON EXTENDING INTERIM ORDINANCE NO.
1110, MAKING FINDINGS WITH RESPECT THERETO,
DECLARING THE URGENCY THEREOF AND A BASIS FOR SAID
ORDINANCE TO TAKE EFFECT IMMEDIATELY
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, on October 12, 2005, the City Council of the City of
Vernon adopted Interim Ordinance No. 1110, which prohibits the
establishment and/or construction of any retail, commercial and other
non -industrial businesses and the acceptance of applications for, or
the issuance of, permits or variances for such uses to achieve the goal
of facilitating the orderly and safe movement of vehicular traffic,
foster a positive image of the City 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, Interim Ordinance No. 1110 was further intended to
enable the City Council to study the extent of standards needed for the
construction and location of retail, commercial and other non-
industrial establishments and the consequences of retail, commercial
and other non -industrial activities to traffic safety and harms caused
by said activities; and
WHEREAS, the City Council believes it is in the interest of
the public health, safety and welfare to extend the moratorium on such
establishment and/or construction of any retail, commercial and other
I non -industrial businesses and the acceptance of applications for, or
2 the issuance of, permits or variances for such uses declared by Interim
3 Ordinance No. 1110 while the City studies these issues; and
4 WHEREAS, Interim Ordinance No. 1110, by its terms, was
5 effective for a period of 45 days and will expire on November 26,
6 2005, unless extended by this Ordinance; and
7 WHEREAS, Chapters 4.3(e) and 4.4 of the City of Vernon
8 Charter provide that an ordinance declared by the City Council to be
9 necessary as an emergency measure for the immediate preservation of
10 the public peace, health, or safety, and containing a statement of the
11 reasons for its urgency, may be adopted in the manner provided in said
12 Charter, except that such emergency ordinance may be introduced and
13 adopted at one in the same regular or special meeting, and shall take
14 effect immediately; and
15 WHEREAS, Government Code Section 65858 provides that without
16 following procedures otherwise required prior to the adoption of a
17 zoning ordinance, the legislative body, after notice pursuant to
18 Government Code Section 65090 and a public hearing, may extend an
19 interim ordinance previously adopted for a period of ten (10) months
20 and fifteen (15) days; and
21 WHEREAS, on November 3, 2005, the City posted a notice of a
22 public hearing for November 16, 2005, regarding the adoption of this
23 ordinance; and
24 WHEREAS, Government Code Section 65858(d) provides that ten
25 (10) days prior to the expiration or extension of any interim
26 ordinance, the City Council shall issue a written report describing
27 the measures taken to alleviate the condition which led to the
28 adoption of the ordinance; and
1 WHEREAS, Interim Ordinance No. 1110 directed the City
2 Attorney to provide a written report to the City Council at least tern
3 (10) days prior to the expiration of the ordinance describing the
4 status of the measures that have been taken or need to be taken to
5 alleviate the condition that led to the adoption of the ordinance; and
6 WHEREAS, the City Attorney has presented a report to the
7 City Council dated November 7, 2005, that recommends extension of the
8 moratorium; and
9 WHEREAS, a duly noticed public hearing on this Ordinance was
10 held by the City Council on November 16., 2005.
11 THE CITY COUNCIL OF THE CITY OF VERNON HEREBY ORDAINS:
12 SECTION 1: The City Council of the City of Vernon hereby
13 finds and determines that the recitals contained hereinabove are true
14 and correct.
15 SECTION 2: The moratorium established by Interim
16 Ordinance No. 1110 is hereby extended for ten (10) months and fifteen
17 (15) days, provided, the moratorium shall not apply to the
18 establishment and/or construction of any retail, commercial and other
19 non -industrial businesses otherwise allowed within the C-M Zone of the
20 City as defined in Chapter 26 of the Vernon City Code. This ordinance
21 shall not apply to the establishment of retail, commercial and non-
22 industrial establishments where under the City's existing ordinances
23 prior to the effective date of this ordinance, either a permit was not
24 required or the City duly issued a permit.
25 SECTION 3: The moratorium established by Interim
26 Ordnance No. 1110, as extended by this ordinance, is in contemplation
27 of amendments to the Comprehensive Zoning Ordinance, as well as in
28 contemplation of the preparation and adoption of one or more specific
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plans, and the City Council of the City of Vernon finds that
prohibiting the acceptance of applications for, or the issuance of
permits for the establishment and/or construction of any retail,
11commercial and other non -industrial businesses is urgently required to
11protect the public safety, health and welfare and that absent such an
extension of the interim ordinance, there would be 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 4: The City Council finds that the facts
constituting urgency are as follows:
a. There is a current and immediate threat to the public
health, safety and welfare arising from the establishment 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 5: The City Council hereby approves the Report to
City Council on prohibiting the acceptance of applications for, or the
issuance of permits for the establishment and/or construction of any
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retail, commercial and other non -industrial businesses prepared by the
City Attorney, a copy of which is attached hereto as Exhibit "A" and
made a part hereof and the City Council adopts the same as the report
required by Government Code Section 65858(d).
SECTION 6: If any section, subsection, sentence, clause,
phrase or word of this Ordinance is for any reason held to be void or
unconstitutional, such decision shall not affect the validity of the
remaining portions of this Ordinance; it being the intention of the
City Council of the City of Vernon to pass and adopt this Ordinance and
each section, subsection, sentence, clause or phrase thereof
irrespective of the fact that one or more of the sections, subsections,
clauses, sentences or phrases thereof may be declared to be invalid or
unconstitutional.
SECTION 7: There being 'no newspaper printed, published or
circulated in the City of Vernon, theCity 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 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 8: This Ordinance shall take effect immediately
upon adoption.
SECTION 9: This moratorium shall be of no further force
or effect upon expiration of ten (10)months and fifteen (15) days from
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the date of adoption, or October 1, 2006, unless extended in accordance
with Government Code Section 65858.
APPROVED AND ADOPTED this 16th day of November, 2005.
LEONIS C. MALB RG, M yor
ATTEST:
1
BRUCE V. MALKENHORST, JR.
Acting City Clerk
- '6 -
STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I, BRUCE V. MALKENHORST, JR., Acting City Clerk of -the City
of Vernon, do hereby certify that the foregoing Ordinance, being
Ordinance No. Jill, was duly and regularly introduced at a regular
meeting of the City Council of the City of Vernon, held on Wednesday,
November 16, 2005, and thereafter was duly signed by the Mayor of the
City of Vernon, by the following vote:
AYES: Councilmen: YBARRA, GONIALES, DAVIS, MCCORMICK
NOES • Councilmen: NONE
i
ABSENT: Councilmen: NONE
ARSTAINED: MAYOR LEONIS MALBURG I
( SEAL )
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BRUCE V. MALKENHORST, JR.
Acting City Clerk
CITY COUNCIL
z
LEONIS C. MALBURG
Mayor
THOMAS A. YBARRA
Mayor Pro-Tem
WM. "BILL" DAVIS
Councilman
H. "LARRY" GONZALES
Councilman
W. MICHAEL McCORMICK
Councilman
4305 Santa Fe Avenue, Vernon, California 90058
telephone (323) 583-8811
November 7, 2005
Mr. Bruce V. Malkenhorst, Jr.
Acting City Clerk
4305 Santa Fe Avenue
Vernon, California 90058
SOL BENUDIZ
Police Chief
MARK C. WHITWORTH
Acting Fire Chief
LEWIS J. POZZEBON
Director of Environmental Health
S. KEVIN WILSON
Director of Community Services
SHARON L. DUCKWORTH
Acting City Treasurer
Re: Report to City Council on Retail, Commercial and Other
Non -Industrial Businesses Moratorium
Dear Bruce:
On October 12, 2005, the City Council of the City of Vernon
adopted Ordinance No. 1110 declaring a moratorium on the
acceptance of applications for, or the issuance of, permits or
variances for the establishment and/or construction of any
retail, commercial and other non -industrial businesses pending
further study.
The Ordinance requires my office to provide a report
regarding the status of the measures that have been taken or
need to be taken to alleviate the condition that led -to the
adoption of the moratorium Ordinance.
At this time, we are working with the Department of
Community Services & Water to bring forward a revised zoning
ordinance which will address the issues raised regarding the
retail, commercial and other non -industrial businesses, as well
as other issues. Therefore, pursuant to Government Code Section
65858, I recommend that the moratorium be extended. Towards
that end, Ordinance No. 1111 has been prepared for consideration
at the City Council meeting of November 16, 2005.
Wxdugivel� 14bulteia[
Mr. Bruce V. Malkenhorst, Jr.
November 7, 2005
Page 2
I believe we should be able to provide a further status
report respecting a final ordinance addressing the issues raised
in the near future.
If you have any questions or comments, please contact me.
Very truly yours,
e�� --
Eric T.Tresch�
City Attorney
JH:j1
AFFIDAVIT OF POSTING
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES) ss
CITY OF VERNON }
I, Manuela Giron, Deputy City Clerk, of the City of Vernon do hereby
certify that on the 23rd day of November 2005, I did post three (3)
copies of:
Certified copies of Ordinance No. 1111 - An Interim Ordinance of
the City Council of the City of Vernon Extending Interim
Ordinance No. 1110, Making Findings with Respect Thereto,
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 publish e in the City of Vernon.
Date:
Manuela Giron
Deputy City Clerk
State of California )
)ss
County of Los Angels)
On l--)Atkc's before me, E onaRawLZ---.rti�cev._ N-�-an%j
personally appeared Manuela Giron
personally known to me (or known to me on the basis of satisfactory
evidence) to be the person(s) whose name(s) is/are subscribed to the
instrument and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity, and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon
behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal
C,arbnt�an #� 1�119ni
•� Notary Public Caftmlo
Los Aj qeW County
&W Comm. Expues .turn 21, 2W71
CERTIFICATE
STATE OF CALIFORNIA )
} Ss
COUNTY OF LOS ANGELES)
I, Manuela Giron, Deputy City Clerk of the City of Vernon,
County of Los Angeles, State of California, hereby certify that
the attached is a full and complete copy of:
ORDINANCE NO. 1111 -- AN INTERIM ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF VERNON EXTENDING
INTERIM ORDINANCE NO. 1110, MAKING FINDINGS WITH
RESPECT THERETO, DECLARING THE URGENCY THEREOF AND
A BASIS FOR SAID ORDINANCE TO TAKE EFFECT
IMMEDIATELY
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
the official Seal of the City of Vernon, County of Los Angeles,
State of California, on this 23RD day of November 2005.
SEAL:
t ti
Ma uela Giron
Deputy City Clerk
CITY ADMINISTRATOR/CITY CLERK'S
INTEROFFICE MEMORANDUM
DATE: November 22, 2005
TO: Kevin Wilson, Director of Community Services & Water
FROM:V6 I
Nelly Giron, Deputy City Clerk _
RE: Ordinance No. 1111 - Extending Interim Ordinance No. 1110
As you requested, transmitted herewith is a certified copy of the
above -referenced ordinance, which was approved by City Council on
November 16, 2005.
If you have any questions, please let me know.
Thank you.
NG:dr
c: Ordinance No. 1111
NOTICE OF PUBLIC HEARING
The City of Vernon will conduct a Public Hearing which
you may attend.
PLACE: Vernon City Hall
City Council Chambers
4305 Santa Fe Avenue
Vernon, CA 90058
DATE & Wednesday, November 16, 2005,
TIME: at 5:00 p.m. (or as soon thereafter as
,the matter can be heard)
PURPOSE: To consider the adoption of an
ordinance placing a further moratorium
on the establishment of retail,
commercial and other non -industrial
establishments
Any interested person may attend and may make an oral
presentation to the City of Vernon at the time of the
hearing, or may present written comments prior to the
hearing.
If you challenge the adoption of an ordinance placing
a further moratorium on the establishment of retail,
commercial and other non -industrial establishments 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.
The hearing may be continued or adjourned to a stated
time and place without further notice of a public hearing.
Dated: November 3, 2005
Manuela Giron
Deputy City Clerk
AFFIDAVIT OF POSTING
STATE OF CALIFORNIA }
COUNTY OF LOS ANGELES) ss
CITY OF VERNON )
I, Manuela Giron, Deputy City Clerk, of the City of Vernon do hereby
certify that on the 3rd day of November 2005, I did post three (3)
copies of:
Notice of Public Hearing - to consider the adoption of an
Ordinance placing a further moratorium on the establishment of
retail, commercial and other non -industrial establishments.
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 publis r
City of Vernon.
Date: ! 31D5 4U4_�
Deputy City Clerk
State of California )
) ss
County of Los Angels)
On Rt gA,,)mo�3 ->_o®S before me, qgo,,� l� o`nti scsv. FTch . P�btr
personally appeared Manuela Giron `
personally known to me (or known to me on the basis of satisfactory
evidence) to be the person(s) whose name(s) is/are subscribed to the
instrument and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity, and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon
behalf of which the person(s) acted, executed the instrument.
__. WITNESS my hand and official seal
C4WWdM,# 141"21