Ordinance No. 1116r,
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ORDINANCE NO. 1116
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
VERNON AMENDING ORDINANCE NO. 1114 WHICH PLACED 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 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, AND REPEALING
ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
THEREWITH.
WHEREAS, on March 1, 2006, the City Council of the City of
Vernon adopted Ordinance No. 1114 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
jZone; and
WHEREAS, the moratorium expires on April 15, 2006, unless
extended; and .
WHEREAS, the City Council of the City of Vernon desires to
amend Section 4 of Ordinance No. 1114 to clarify exception to
definitions; 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
lCharter, except that such emergency ordinance may be introduced and
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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 City Council of the City of Vernon hereby
amends Section 4 of Ordinance No. 1114 as follows:
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, except that trade schools; public
storage; churches; vehicle sales, and repair
facilities shall all be considered to be and/or
shall be treated as if they are commercial.
SECTION 3: In all other respects, Ordinance No. 1114 shall
remain in full force and effect, and the provisions of Ordinance No.
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1114 not consistent with or in conflict with this ordinance are hereby
repealed. Any ordinance, part of an ordinance, or code section in
conflict with this Ordinance is hereby repealed. 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
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: 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.
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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
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 5: 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 6: 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
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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 7: Effective Date. This Ordinance shall take
effect immediately upon adoption.
APPROVED AND ADOPTED this 22nd day of March, 2006.
EONIS C. MAI43URG, Mayor
ATTEST: _
BRUCE V. LKENHORST, JR.
Acting 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. 1116 was duly and regularly introduced at a regular meeting of the
City Council of the City of Vernon, held on Wednesday, March 22, 2006,
and thereafter was duly signed by the Mayor of the City of Vernon, by
the following vote:
(SEAL)
AYES: Councilmen: Mayor Malburg, Ybarra, Gonzales,
McCormick
NOES: Councilmen: None
ABSTAINED: Councilmen: None
ABSENT: Councilmen: Davis
BRUC MALKENHORST, JR.
Acting City Clerk
SUPPORTING
DOCUMENTS
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 30th day of March 2006, I did post three (3)
copies each of:
ORDINANCE NO. 1116 - AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF VERNON AMENDING ORDINANCE NO. 1114 . . . DECLARING
THE URGENCY THEREOF AND A BASIS FOR SAID 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 38tb 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 publishe,d in the City of Vernon.
Date: ?;I�D &'
Manuela Gron
Deputy City Clerk
State of California )
) ss
County of Los Angeles)
On before me, lfi/IOt�Yx� .yotl.,-Z�Jc��t , b `"�� l-��'c)
perso ally appeared V -"A)-e �a c�rt� �,
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
� MARTHA S. VALENZUELA
f�
Comm. 9 1494711 �t
(� NOTARY PUBLIC-CALIFORNIA u)
Los Angeles Countyry ..
rely Comm. Expires JUNE13,F008'"
CITY CLERK'S OFFICE
INTEROFFICE MEMORANDUM
DATE: April 5, 2006
TO: Samuel Kevin Wilson, Director of Community Services & Water
FROM: A
Nelly Giron, Deputy City Clerk
RE: Ordinance No. 1116 - An Ordinance of the City Council
of the City of Vernon Amending Ordinance No. 1114
Which Placed 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, and
Repealing All Ordinances or Parts of Ordinances in
Conflict Therewith
Transmitted herewith is a copy of Ordinance No. 1116 referenced
above, which was approved by City Council on March 22, 2006.
Thank you.
NG:dr
c: Ordinance No. 1116
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. 1116 - AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF VERNON AMENDING ORDINANCE
NO. 1114 WHICH PLACED A MORATORIUM ON THE
ESTABLISHMENT AND/OR CONSTRUCTION AF 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, 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 23rd day of March 2006.
SEAL:
Manuela Giron
Deputy City Clerk
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ORDINANCE NO. 1116
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
VERNON AMENDING ORDINANCE NO. 1114 WHICH PLACED 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, AND REPEALING
ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
THEREWITH.
WHEREAS, on March 1, 2006, the City Council of the City of
Vernon adopted Ordinance No. 1114 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
lZone; and
WHEREAS, the moratorium expires on April 15, 2006, unless
lextended; and .
WHEREAS, the City Council of the City of Vernon desires to
amend Section 4 of Ordinance No. 1114 to clarify exception to
definitions; 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
1 adopted at one in the same regular or special meeting, and shall take
2 effect immediately; and
3 WHEREAS, Government Code Section 65858 provides that without
4 following procedures otherwise required prior to the adoption of a
5 zoning ordinance, the legislative body, to protect the public safety,
6 health and welfare, may adopt as an urgency measure an interim
7 ordinance prohibiting any uses that may be in conflict with a
8 contemplated general plan, specific plan, or zoning proposal which the
9 legislative body is considering or studying or intends to study within
10 a reasonable time.
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 City Council of the City of Vernon hereby
16 amends Section 4 of Ordinance No. 1114 as follows:
17 SECTION 4: The terms "retail," "commercial" and
18 "residential" as used in this Ordinance shall
19 have the same ordinary meaning as those defined
20 in the Vernon City Code Chapter 26 Article II.
21 Definitions, except that trade schools; public
22 storage; churches; vehicle sales, and repair
23 facilities shall all be considered to be and/or
24 shall be treated as if they are commercial.
25S SECTION 3: In all other respects, Ordinance No. 1114 shall
26 remain in full force and effect, and the provisions of Ordinance No.
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1 1114 not consistent with or in conflict with this ordinance are hereby
2 repealed. Any ordinance, part of an ordinance, or code section in
3 conflict with this Ordinance is hereby repealed. This ordinance is in
4 contemplation of amendments to the Comprehensive Zoning Ordinance, as
5 well as in contemplation of the preparation and adoption of one or
6 more specific plans, and the City Council of the City of Vernon finds
7 that prohibiting the acceptance of applications for, or the issuance
8 of, permits or variances for any retail, commercial or non -industrial
9 activities is urgently required to protect the public safety, health
10 and welfare and that absent such an interim ordinance, there would be
11 an immediate threat to the public safety, health and welfare and that
12 the Ordinance is further necessary to preserve and protect the orderly
13 study of applicable planning and zoning alternatives, and in order to
14 permit the preparation and implementation of the proper and necessary
15 planning and zoning amendments and controls.
16 SECTION 4: Declaration of Urgency. This urgency is based.
17 on the following facts:
18 a. There is a current and immediate threat to the public
19 peace, health or safety arising from the establishment and/or
20 construction of any office use over 10,000 square feet in size, or any
21 retail use, commercial use, or residential use in the M-Zone and M-2
22 Zone, the establishment and/or construction of any office use over
23 10,000 square feet in size or any residential use in the C-M Zone as
24 defined in Chapter 26 of the Vernon City Code and the location of
25 retail, commercial and residential establishments within the City due
26 to the creation of nuisances, adverse impacts, hazards to traffic
27 safety and harms that arise from the response of health and safety
28 personnel to activities that differ from industrial activities.
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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
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 5: 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
The invalid or unconstitutional.
SECTION 6: 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
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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 7: Effective Date. This Ordinance shall take
effect immediately upon adoption.
APPROVED AND ADOPTED this 22nd day of March, 2006.
�.��
EONIS C. MA URG, Mayor
(ATTEST:
I BRUCE
Acting
hLKENHORST, JR.
y 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. 1116 was duly and regularly introduced at a regular meeting of the
City Council of the City of Vernon, held on Wednesday, March 22, 2006,
and thereafter was duly signed by the Mayor of the City of Vernon, by
the following vote
(SEAL)
AYES: Councilmen: Mayor Malburg, Ybarra, Gonzales,
McCormick
NOES: Councilmen: None
ABSTAINED: Councilmen: None
ABSENT: Councilmen: Davis
BRUC MALKENHORST, JR.
Acting City Clerk
CITY CLERK'S OFFICE
INTEROFFICE MEMORANDUM
DATE: April 5, 2006
TO: Samuel Kevin Wilson, Director of Community Services & Water
FROM: A
Nelly Giron, Deputy City Clerk
RE: Ordinance No. 1116 - An Ordinance of the City Council
of the City of Vernon Amending Ordinance No. 1114
Which Placed 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, and
Repealing All Ordinances or Parts of Ordinances in
Conflict Therewith
Transmitted herewith is a copy of Ordinance No. 1116 referenced
above, which was approved by City Council on March 22, 2006.
Thank you.
NG:dr
c: Ordinance No. 1116
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. 1116 - AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF VERNON AMENDING ORDINANCE
NO. 1114 WHICH PLACED A MORATORIUM ON THE
ESTABLISHMENT AND/OR CONSTRUCTION AF 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, 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 23rd day of March 2006.
SEAL:
Manuela Giron
Deputy City Clerk