Ordinance No. 11144
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ORDINANCE NO. 1114
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
VERNON PLACING A MORATORIUM ON THE ESTABLISHMENT
AND/OR CONSTRUCTION OF ANY OFFICE USE OVER 10,000
SQUARE FEET, OR ANY RETAIL USE, COMMERCIAL USE, OR
RESIDENTIAL USE IN THE M-ZONE AND M-2 ZONE AND THE
ESTABLISHMENT AND/OR CONSTRUCTION OF ANY OFFICE USE
OVER 10,000 SQUARE FEET OR ANY RESIDENTIAL USE IN
THE C-M ZONE, DECLARING THE URGENCY THEREOF AND A
BASIS FOR SAID ORDINANCE TO TAKE EFFECT
IMMEDIATELY, TERMINATING THE MORATORIUM IMPOSED BY
ORDINANCE NO. 1110 AND REPEALING ALL ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT THEREWITH
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WHEREAS, the City of Vernon (the "City") is, and has been for
Hover one hundred years, a primarily industrial city with a broad
Ilindustrial base that forms the foundation of the City's economy and
land use planning; and
WHEREAS, the continued economic vitality of the City depends
on the City's ability to maintain its character as a primarily
industrial city; and
WHEREAS, the City has no zoning designations that are
intended primarily for residential land use, but instead allows for
residential uses in some circumstances within its other zones; and
WHEREAS, locating retail establishments, commercial
businesses and residences near the City's many industrial businesses
which lawfully exist could pose serious health, safety and/or nuisance
concerns for the patrons of those businesses and/or residents given the
noise, air emissions, traffic safety, and other health, safety and/or
nuisance concerns frequently associated with industrial land uses; and
WHEREAS, the City has a responsibility to enact and enforce
reasonable zoning regulations that allow for appropriate land uses that
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M.
ado not adversely impact the City's primary industrial base; and
WHEREAS, October 12, 2005, the City Council of the City of
Vernon adopted Ordinance No. 1110 placing a moratorium on the
establishment of retail and certain commercial and non -industrial
activities outside the Santa Fe Corridor; and
WHEREAS, on November 16, 2005, the City Council of the City
of Vernon adopted Ordinance No. 1111 extending the moratorium
established by Ordinance No. 1110 to October 1, 2006; and
WHEREAS, the City Council intends to study the extent of
standards needed for the establishment and/or construction of any
office use over 10,000 square feet in size, or any retail use,
commercial use, or residential use in the M-Zone and M-2 Zone, the
establishment and/or construction of any office use over 10,000 square
feet in size or any residential use in the C-M Zone as defined in
Chapter 26 of the Vernon City Code and the location of retail,
commercial and residential establishments to achieve the goal of
protecting the City's industrial users from adverse impacts, mitigating
the threat posed to the public peace, health, or safety, avoiding the
creation of nuisances, 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 residential activities to
traffic safety and harms caused by said activities and believes it is
lin the interest of the public health, safety and welfare to declare a
moratorium on retail, commercial and residential activities while the
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JjCity studies these issues; and
WHEREAS, the City Council finds and determines that it is in
the interest of the public health, safety and welfare to terminate
Ordinance No. 1110, as extended by Ordinance No. 1111, to expand the
scope of changes to the Vernon City Code 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 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; 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
contemplated general plan, specific plan, or zoning proposal which the
legislative body is considering or studying or intends to study within
a reasonable time.
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: The moratorium imposed by Ordinance No. 1110, as
extended by Ordinance No. 1111, is hereby terminated.
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SECTION 3: Moratorium. The City Council of the City of
Vernon hereby declares that there is a need for a moratorium on the
establishment and/or construction of any office use over 10,000 square
feet in size, or any retail use, commercial use, or residential use in
the M-Zone and M-2 Zone, the establishment and/or construction of any
office use over 10,000 square feet in size or any residential use in
the C-M Zone as defined in Chapter 26 of the Vernon City Code and the
location of retail, commercial and residential establishments in order
to protect the public peace, health or safety, avoid the creation of
nuisances and protect the City's industrial uses from adverse impacts
and pursuant to the provisions of Government Code Section 65858, a
moratorium is hereby placed on the following and the acceptance of
applications for, or the issuance of, permits or variances for such
iiuses:
(a) the establishment and/or construction of any office use
over 10,000 square feet in size, or any retail use, commercial use, or
residential use in the M-Zone and M-2 Zone;
(b) the establishment and/or construction of any office use
lover 10,000 square feet in size or any residential use in the C-M Zone
as defined in Chapter 26 of the Vernon City Code; and
(c) the location of retail, commercial and residential
establishments.
SECTION 4: The terms "retail," "commercial" and
"residential" as used in this Ordinance shall have the same ordinary
meaning as those defined in the Vernon City Code Chapter 26 Article II.
Definitions.
SECTION 5: This ordinance is in contemplation of amendments
to the Comprehensive Zoning Ordinance, as well as in contemplation of
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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 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 6: Declaration of Urgency. This urgency is based
on the following facts:
a. There is a current and immediate threat to the public
peace, health or safety arising from the establishment and/or
construction of any office use over 10,000 square feet in size, or any
retail use, commercial use, or residential use in the M-Zone and M-2
Zone, the establishment and/or construction of any office use over
10,000 square feet in size or any residential use in the C-M Zone as
defined in Chapter 26 of the Vernon City Code and the location of
retail, commercial and residential establishments within the City due
to the creation of nuisances, adverse impacts, 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 of any
office use over 10,000 square feet in size, or any retail use,
commercial use, or residential use in the M-Zone and M-2 Zone, the
establishment and/or construction of any office use over 10,000.square
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feet in size or any residential use in the C-M Zone as defined in
Chapter 26 of the Vernon City Code and the location of retail,
commercial and residential establishments within the City 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 residential establishments.
SECTION 7: Exception. This ordinance shall not apply to a
retail use, commercial use, residential use and/or office use that is
legally occupying a structure on the effective date of this ordinance.
A change of occupancy for such existing use may occur
I1subject to the following:
(a) the uses shall be similar in nature; and
(b) the occupant shall obtain all necessary permits and
licenses required by the City prior to occupancy.
SECTION 8: 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 9: 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
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be invalid or unconstitutional.
SECTION 10: 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 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 11: Effective Date. This Ordinance shall take
effect immediately upon adoption.
SECTION 12: Expiration. This moratorium shall be of no
further force or effect upon expiration of 45 days from the date of
adoption, or April 15, 2006, unless extended in accordance with
Government Code Section 65858.
APPROVED AND ADOPTED this lst day of March, 2006.
R
LEONIS C. MAL URG, Rayor
ATTEST:
BRUCE V. YALKENHORST, JR.
Actin ty Clerk
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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. 1114 was duly and regularly introduced at a regular meeting of the
City Council of the City of Vernon, held on Wednesday, March 1, 2006,
and thereafter was duly signed by the Mayor of the City of Vernon, by
the following vote:
(SEAL)
AYES:
NOES:
ABSTAINED:
ABSENT:
Councilmen: Mayor Malburg, Ybarra, Gonzales,
Davis, McCormick
Councilmen: None
Councilmen: None ,
Councilmen: None
BR CE . MALKENHORST, JR.
Act g City Clerk
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SUPPORTING
DOCUMENTS
CITY ADMINISTRATOR/CITY CLERK'S
INTEROFFICE.MEMOR.ANDUM
DATE: March 8, 2006
TO: Kevin Wilson, Director of Community Services & Water
FROM 16Nelly Giron, Deputy City Clerk
RE: Ordinance No. 1114 - An Ordinance of the City Council of the
City of Vernon Placing a Moratorium on the Establishment
and/or Construction of Any Office Use over 10,000 Square
Feet, or Any Retail Use, Commercial Use, or Residential Use
in the M-Zone and M-2 Zone and the Establishment and/or
Construction of Any Office Use Over 10,000 Square Feet or
Any Residential Use in the C-M Zone, Declaring the Urgency
Thereof and a Basis for Said Ordinance to Take Effect
Immediately, Terminating the Moratorium Imposed by Ordinance
No. 1110 and Repealing All Ordinances or Parts of Ordinances
in Conflict Therewith
Transmitted herewith is a copy of the above -referenced ordinance,
which was approved by City Council on March 1, 2006.
If you have any questions, please let me know.
Thank you.
NG:dr
c: Ordinance No. 1114
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. 1114 - AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF VERNON PLACING A MORATORIUM
ON THE ESTABLISHMENT AND/OR CONSTRUCTION OF ANY
OFFICE USE OVER 10,000 SQUARE FEET, OR ANY RETAIL
USE, COMMERCIAL USE, OR RESIDENTIAL USE IN THE M-
ZONE AND M-2 ZONE AND THE ESTABLISHMENT AND/OR
CONSTRUCTION OF ANY OFFICE USE OVER 10,000 SQUARE
FEET OR ANY RESIDENTIAL USE IN THE C-M ZONE,
DECLARING THE URGENCY THEREOF AND A BASIS FOR SAID
ORDINANCE TO TAKE EFFECT IMMEDIATELY, TERMINATING
THE MORATORIUM IMPOSED BY ORDINANCE NO. 1110 AND
REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT THEREWITH
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 2nd day of March 2006.
SEAL:
Manuela Giron
Deputy City Clerk
CITY COUNCIL
LEONIS C. MALBURG
Mayor
THOMAS A. YBARRA
Mayor Pro -Tern
WM. 'BILL" DAVIS
Councilman
H. "LARRY" GONZALES
Councilman
W. MICHAEL McCORMICK
Councilman
4305 Santa Fe Avenue, Vernon, California 90058
telephone (323) 583-8811
February 16, 2006
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. On November 16, 2005, the City Council of the
City of Vernon adopted Ordinance No. 1111 extending the
moratorium to October 1, 2006.
Ordinance No. 1110 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.
Samuel Kevin Wilson, the Director of Community Services &
Water believes that the Interim Ordinance should be amended or
repealed in order to extend the scope of the studies to be
conducted. Our office is working with the Department of
Community Services & Water to bring forward a revised zoning
ordinance which will address the new issues raised regarding the
establishment and/or construction of any office use over 10,000
square feet, or any retail use, commercial use or residential
use in the M-Zone and M-2 Zone and the establishment and/or
construction of any office use over 10,000 square feet or any
'Exclugludg wubotrial
Mr. Bruce V. Malkenhorst, Jr.
February 16, 2006
Page 2
residential use in the C-M Zone as defined in Chapter 26 of the
Vernon City Code as well as other issues.
The new ordinance shall not apply to a retail use,
commercial use, residential use and/or any office use that is
legally occupying a structure on the effective date of the new
ordinance. A change of occupancy for such existing use may
occur subject to the following: (1) the uses shall be similar in
nature and (2) the occupant shall obtain all necessary permits
and licenses required by the City prior to occupancy.
Therefore, I recommend that the moratorium established by
Ordinance No. 1110 and extended by Ordinance No. 1111 be
terminated and in its place a new moratorium be established
pursuant to Government Code Section 65858 addressing the new
issues.
Towards that end, Ordinance No. 1114 has been prepared for
consideration at the City Council meeting of March 1, 2006.
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,
Eric T. Fresch
City Attorney
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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 6th day of March 2006, I did post three (3) copies
of:
Ordinance No. 1114 - An Ordinance of the City Council of the
City of Vernon Placing a Moratorium on the Establishment and/or
Construction of Any Office Use Over 10,000 Square Feet, or Any Retail
Use, Commercial Use, or Residential Use in the M-Zone and M-2 Zone and
the Establishment and/or Construction of Any Office use over 10,000
Square Feet or Any Residential Use in the C-M Zone, Declaring the
Urgency Thereof and a Basis for Said Ordinance to Take Effect
Immediately, Terminating the Moratorium Imposed by Ordinance No. 1110
and Repealing all Ordinances or Parts of Ordinances in Conflict
Therewith.
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 ed in the City of Vernon.
j
Date:
anuela Gir
Deputy City Clerk
State of California )
) ss
County of Los Angels)
On '4 3�0., before me, AN\a✓A-V\Lo
personally appeared Manuela Giron
personally known to me (or proven 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
;� sAsl �A S. v,aL��vZUELA
1 Comm. A 1494711
N NOTARY PUBLIC-UJFORNIA
Los Angeles E 1 ° ° � f
h;p Comm. Expires JUNUNEt3,2008pi° �
•.ova.
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. 1114 - AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF VERNON PLACING A MORATORIUM
ON THE ESTABLISHMENT AND/OR CONSTRUCTION OF ANY
OFFICE USE OVER 10,000 SQUARE FEET, OR ANY RETAIL
USE, COMMERCIAL USE, OR RESIDENTIAL USE IN THE M-
ZONE AND M-2 ZONE AND THE ESTABLISHMENT AND/OR
CONSTRUCTION OF ANY OFFICE USE OVER 10,000 SQUARE
FEET OR ANY RESIDENTIAL USE IN THE C-M ZONE,
DECLARING THE URGENCY THEREOF AND A BASIS FOR SAID
ORDINANCE TO TAKE EFFECT IMMEDIATELY, TERMINATING
THE MORATORIUM IMPOSED BY ORDINANCE NO. 1110 AND
REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT THEREWITH
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 day of March 2006.
SEAL:
Manuela Giron
Deputy City Clerk
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ORDINANCE NO. 1114
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
VERNON PLACING A MORATORIUM ON THE ESTABLISHMENT
AND/OR CONSTRUCTION OF ANY OFFICE USE OVER 10,000
SQUARE FEET, OR ANY RETAIL USE, COMMERCIAL USE, OR
RESIDENTIAL USE IN THE M-ZONE AND M-2 ZONE AND THE
ESTABLISHMENT AND/OR CONSTRUCTION OF ANY OFFICE USE
OVER 10,000 SQUARE FEET OR ANY RESIDENTIAL USE IN
THE C-M ZONE, DECLARING THE URGENCY THEREOF AND A
BASIS FOR SAID ORDINANCE TO TAKE EFFECT
IMMEDIATELY, TERMINATING THE MORATORIUM IMPOSED BY
ORDINANCE NO. 1110 AND REPEALING ALL ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT THEREWITH
WHEREAS, the City of Vernon (the "City") is, and has been for
lover one hundred years, a primarily industrial city with a broad
lindustrial base that forms the foundation of the City's economy and
land use planning; and
WHEREAS, the continued economic vitality of the City depends
Ion the City's ability to maintain its character as a primarily
industrial city; and
WHEREAS, the City has no zoning designations that are
intended primarily for residential land use, but instead allows for
residential uses in some circumstances within its other zones; and
WHEREAS, locating retail establishments, commercial
businesses and residences near the City's many industrial businesses
which lawfully exist could pose serious health, safety and/or nuisance
concerns for the patrons of those businesses and/or residents given the
noise, air emissions, traffic safety, and other health, safety and/or
nuisance concerns frequently associated with industrial land uses; and
WHEREAS, the City has a responsibility to enact and enforce
reasonable zoning regulations that allow for appropriate land uses that
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do not adversely impact the City's primary industrial base; and
WHEREAS, October 12, 2005, the City Council of the City of
Vernon adopted Ordinance No. 1110 placing a moratorium on the
establishment of retail and certain commercial and non -industrial
jactivities outside the Santa Fe Corridor; and
WHEREAS, on November 16, 2005, the City Council of the City
of Vernon adopted Ordinance No. 1111 extending the moratorium
established by Ordinance No. 1110 to October 1, 2006; and
WHEREAS, the City Council intends to study the extent of
standards needed for the establishment and/or construction of any
office use over 10,000 square feet in size, or any retail use,
commercial use, or residential use in the M-Zone and M-2 Zone, the
establishment and/or construction of any office use over 10,000 square
feet in size or any residential use in the C-M Zone as defined in
Chapter 26 of the Vernon City Code and the location of retail,
commercial and residential establishments to achieve the goal of
protecting the City's industrial users from adverse impacts, mitigating'
the threat posed to the public peace, health, or safety, avoiding the
creation of nuisances, 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 residential 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 residential activities while the
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(City studies these issues; and
WHEREAS, the City Council finds and determines that it is in
the interest of the public health, safety and welfare to terminate
Ordinance No. 1110, as extended by Ordinance No. 1111, to expand the
scope of changes to the Vernon City Code 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 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; 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
contemplated general plan, specific plan, or zoning proposal which the
legislative body is considering or studying or intends to study within
a reasonable time.
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: The moratorium imposed by Ordinance No. 1110, as
extended by Ordinance No. 1111, is hereby terminated.
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SECTION 3: Moratorium. The City Council of the City of
Vernon hereby declares that there is a need for a moratorium on the
establishment and/or construction of any office use over 10,000 square
feet in size, or any retail use, commercial use, or residential use in
the M-Zone and M-2 Zone, the establishment and/or construction of any
office use over 10,000 square feet in size or any residential use in
the C-M Zone as defined in Chapter 26 of the Vernon City Code and the
location of retail, commercial and residential establishments in order
to protect the public peace, health or safety, avoid the creation of
nuisances and protect the City's industrial uses from adverse impacts
and pursuant to the provisions of Government Code Section 65858, a
moratorium is hereby placed on the following and the acceptance of
applications for, or the issuance of, permits or variances for such
uses:
(a) the establishment and/or construction of any office use
over 10,000 square feet in size, or any retail use, commercial use, or
residential use in the M-Zone and M-2 Zone;
(b) the establishment and/or construction of any office use
over 10,000 square feet in size or any residential use in the C-M Zone
as defined in Chapter 26 of the Vernon City Code; and
(c) the location of retail, commercial and residential
establishments.
SECTION 4: The terms "retail," "commercial" and
1"residential" as used in this Ordinance shall have the same ordinary
meaning as those defined in the Vernon City Code Chapter 26 Article II.
Definitions.
SECTION 5: This ordinance is in contemplation of amendments
to the Comprehensive Zoning Ordinance, as well as in contemplation of
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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 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 6: Declaration of Urgency. This urgency is based
on the following facts:
a. There is a current and immediate threat to the public
peace, health or safety arising from the establishment and/or
construction of any office use over 10,000 square feet in size, or any
retail use, commercial use, or residential use in the M-Zone and M-2
Zone, the establishment and/or construction of any office use over
10,000 square feet in size or any residential use in the C-M Zone as
defined in Chapter 26 of the Vernon City Code and the location of
retail, commercial and residential establishments within the City due
to the creation of nuisances, adverse impacts, 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 of any
office use over 10,000 square feet in size, or any retail use,
commercial use, or residential use in the M-Zone and M-2 Zone, the
establishment and/or construction of any office use over 10,000 square
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feet in size or any residential use in the C-M Zone as defined in
Chapter 26 of the Vernon City Code and the location of retail,
1commercial and residential establishments within the City 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 residential establishments.
SECTION 7: Exception. This ordinance shall not apply to a
retail use, commercial use, residential use and/or office use that is
legally occupying a structure on the effective date of this ordinance.
A change of occupancy for such existing use may occur
subject to the following:
(a) the uses shall be similar in nature; and
(b) the occupant shall obtain all necessary permits and
licenses required by the City prior to occupancy.
SECTION 8: 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 9: 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
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be invalid or unconstitutional.
SECTION 10: 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 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 11: Effective Date. This Ordinance shall take
effect immediately upon adoption.
SECTION 12: Expiration. This moratorium shall be of no
further force or effect upon expiration of 45 days from the date of
adoption, or April 15, 2006, unless extended in accordance with
Government Code Section 65858.
APPROVED AND ADOPTED this lst day of March, 2006.
LEONIS C. 14ALBURG, fMayor
ATTEST./`
BRUCE V. MALKENHORST, JR.
Actin ity Clerk
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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. 1114 was duly and regularly introduced at a regular meeting of the
City Council of the City of Vernon, held on Wednesday, March 1, 2006,
and thereafter was duly signed by the Mayor of the City of Vernon, by
the following vote:
I(SEAL)
AYES: Councilmen: Mayor Malburg, Ybarra, Gonzales,
Davis, McCormick
NOES: Councilmen: None
ABSTAINED: Councilmen: None �+
ABSENT: Councilmen: None /
7
BRUCE V. MALKENHORST, JR.
Acting City Clerk
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CITY ADMINISTRATOR/CITY CLERK'S
INTEROFFICE.MEMORANDUM
DATE: March 8, 2006
TO: Kevin Wilson, Director of Community Services & Water
FROM • Nelly Giron, Deputy City Clerk
RE: Ordinance No. 1114 - An Ordinance of the City Council of the
City of Vernon Placing a Moratorium on the Establishment
and/or Construction of Any Office Use over 10,000 Square
Feet, or Any Retail Use, Commercial Use, or Residential Use
in the M-Zone and M-2 Zone and the Establishment and/or
Construction of Any Office Use Over 10,000 Square Feet or
Any Residential Use in the C-M Zone, Declaring the Urgency
Thereof and a Basis for Said Ordinance to Take Effect
Immediately, Terminating the Moratorium Imposed by Ordinance
No. 1110 and Repealing All Ordinances or Parts of Ordinances
in Conflict Therewith
Transmitted herewith is a copy of the above -referenced ordinance,
which was approved by City Council on March 1, 2006.
If you have any questions, please let me know.
Thank you.
NG:dr
c: Ordinance No. 1114
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. 1114 - AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF VERNON PLACING A MORATORIUM
ON THE ESTABLISHMENT AND/OR CONSTRUCTION OF ANY
OFFICE USE OVER 10,000 SQUARE FEET, OR ANY RETAIL
USE, COMMERCIAL USE, OR RESIDENTIAL USE IN THE M-
ZONE AND M-2 ZONE AND THE ESTABLISHMENT AND/OR
CONSTRUCTION OF ANY OFFICE USE OVER 10,000 SQUARE
FEET OR ANY RESIDENTIAL USE IN THE C-M ZONE,
DECLARING THE URGENCY THEREOF AND A BASIS FOR SAID
ORDINANCE TO TAKE EFFECT IMMEDIATELY, TERMINATING
THE MORATORIUM IMPOSED BY ORDINANCE NO. 1110 AND
REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT THEREWITH
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 2nd day of March 2006.
SEAL:
Manuela Giron
Deputy City Clerk
daI. riiY
CITY COUNCIL
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
February 16, 2006
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. On November 16, 2005, the City Council of the
City of Vernon adopted Ordinance No. 1111 extending the
moratorium to October 1, 2006.
Ordinance No. 1110 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.
Samuel Kevin Wilson, the Director of Community Services &
Water believes that the Interim Ordinance should be amended or
repealed in order to extend the scope of the studies to be
conducted. Our office is working with the Department of
Community Services & Water to bring forward a revised zoning
ordinance which will address the new issues raised regarding the
establishment and/or construction of any office use over 10,000
square feet, or any retail use, commercial use or residential
use in the M-Zone and M-2 Zone and the establishment and/or
construction of any office use over 10,000 square feet or any
T'NeluAlvely jubugtrial
v
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Mr. Bruce V. Malkenhorst, Jr.
February 16, 2006
Page 2
residential use in the C-M Zone as defined in Chapter 26 of the
Vernon City Code as well as other issues.
The new ordinance shall not apply to a retail use,
commercial use, residential use and/or any office use that is
legally occupying a structure on the effective date of the new
ordinance. A change of occupancy for such existing use may
occur subject to the following: (1) the uses shall be similar in
nature and (2) the occupant shall obtain all necessary permits
and licenses required by the City prior to occupancy.
Therefore, I recommend that the moratorium established by
Ordinance No. 1110 and extended by Ordinance No. 1111 be
terminated and in its place a new moratorium be established
pursuant to Government Code Section 65858 addressing the new
issues.
Towards that end, Ordinance No. 1114 has been prepared for
consideration at the City Council meeting of March 1, 2006.
I believe we should be able to provide a further status
report respecting a final ordinance addressing the issues raised
in the near future.
EF:j1
If you have any questions or comments, please contact me.
Very truly yours,
Eric T. Fresch
City Attorney