Ordinance No. 11182
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ORDINANCE NO. 1118
AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF VERNON EXTENDING INTERIM ORDINANCE NO.
1114, AS AMENDED BY ORDINANCE NO. 1116, 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 zoning
designations that are intended primarily for residential land use, but
instead allows for residential uses in some circumstances within its
lother zones; and
WHEREAS, on March 1, 2006, the City Council of the City of
Vernon adopted Interim Ordinance No. 1114, which prohibits 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 and the
acceptance of applications for, or the issuance of, permits or
variances for such uses; and
WHEREAS, on March 22, 2006, the City Council of the City of
Vernon adopted Ordinance No. 1116 amending Section 4 of Ordinance No.
1114 to clarify exception to definitions; and
WHEREAS, Interim Ordinance No. 1114, as amended by Ordinance
No. 1116, was further intended to enable the City Council to study the
extent of standards needed for the construction and location of retail
establishments, commercial businesses and residences near the City's
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many industrial businesses and the consequences of retail, commercial
or residential activities posing serious health, safety and/or nuisance
concerns for the patrons of 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
other 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
residential establishments and the acceptance of applications for, or
the issuance of, permits or variances for such uses declared by Interim
Ordinance No. 1114, as amended by Ordinance No. 1116, while the City
studies these issues; and
WHEREAS, Interim Ordinance No. 1114, as amended by Ordinance
No. 1116, by its terms, was effective for a period of 45 days and will
expire on April 15, 2006, unless extended by this Ordinance; and
WHEREAS, Chapters 4.3(e) and 4.4 of the City of Vernon
Charter 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, after notice pursuant to
Government Code Section 65090 and a public hearing, may extend an
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interim ordinance previously adopted for a period of ten (10) months
and fifteen (15) days; and
WHEREAS, on March 22, 2006, the City posted a notice of a
public hearing for April 5, 2006, regarding the adoption of this
ordinance; and
WHEREAS, Government Code Section 65858(d) provides that ten
(10) days prior to the expiration or extension of any interim
ordinance, the City Council shall issue a written report describing
the measures taken to alleviate the condition which led to the
(adoption of the ordinance; and
WHEREAS, Interim Ordinance No. 1114, as amended by Ordinance
No. 1116, directed the City Attorney to provide a written report to
the City Council at least ten (10) days prior to the expiration of the
ordinance describing 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 ordinance; and
WHEREAS, the City Attorney has presented a report to the
City Council dated March 30, 2006, that recommends extension of the
moratorium; and
WHEREAS, a duly noticed public hearing on this Ordinance was
held by the City Council on April 5, 2006.
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 established by Interim Ordinance
No. 1114, as amended by Ordinance No. 1116, is hereby extended for ten
(10) months and fifteen (15) days, provided, the moratorium shall not
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MM
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 3: The moratorium established by Interim Ordnance
No. 1114, as amended by Ordinance No. 1116, as extended by 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 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 is urgently required
to protect 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.
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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
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
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: The City Council hereby approves the Report to
City Council on prohibiting the acceptance of applications for, or the
issuance of permits or variances for the establishment and/or
construction of any office use over 10,000 square feet in size, or any
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retail use, commercial use, or residential use in the M-Zone and M-2
Zone, for 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 prepared by the City
Attorney, a copy of which is attached hereto as Exhibit A and
incorporated by reference 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, 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.
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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
the date of adoption, or February 20, 2007, unless extended in
accordance with Government Code Section 65858.
APPROVED AND ADOPTED this 5th day of April, 2006.
ATTEST /')
BRUCE V. M LKENHORST, JR.
Acting i Clerk
{
EONIS C. MAt.5URG, ayor
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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. 1118 was duly and regularly introduced at a regular meeting of the
City Council of the City of Vernon, held on Wednesday, April 5, 2006,
and thereafter was duly signed by the Mayor of the City of Vernon, by
the following vote:
(SEAL)
AYES: Councilmen: Mayor Malburg, Ybarra, Davis,
Gonzales, McCormick
NOES: Councilmen: None
ABSTAINED: Councilmen: None
ABSENT: Councilmen: None
BRUCE V. MALKENHORST, JR.
Acting City Clerk
- 8
EXHIBIT
VA&
CITY COUNCIL
LEONIS C. MALBURG
Mayor
THOMAS A. YBARRA
Mayor Pro-Tem
WM. "BILL" DAVIS
Councilman
H. "LARRY" GONZALES
Councilman
W. MICHAEL McCORMICK
Councilman
-dair, _ .
4305 Santa Fe Avenue, Vernon, California 90058
telephone (323) 583-8811
March 30, 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 Establishments,
Commercial Businesses and Residential Use Moratorium
Dear Bruce:
On March 1, 2006, the City Council of the City of Vernon
adopted Ordinance No. 1114 declaring a moratorium on the
acceptance of applications for, or the issuance of, permits or
variances 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
pending further study. The moratorium is to expire on April 15,
2006, unless extended.
On March 22, 2006, the City Council of the City of Vernon
adopted Ordinance No. 1116 amending Section 4 of Ordinance No.
1114 to clarify exception to definitions.
Ordinance No. 1114, as amended, 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.
Our office continues to work with the Department of
Community Services & Water to draft a revised zoning ordinance
WAUsivelu Iubustrial
Mr. Bruce V. Malkenhorst, Jr.
March 30, 2006
Page 2
which will address the serious health, safety and/or nuisance
issues, as well as other issues raised, concerning the location
of retail establishments, commercial businesses and residences
near the City's many industrial businesses given the noise, air
emissions, traffic safety and other health, safety and/or
nuisance concerns frequently associated with industrial land
uses.
I recommend that the moratorium established by Ordinance
No. 1114, as amended by Ordinance No. 1116, be extended an
additional ten (10) months and 15 days pursuant to Government
Code Section 65858.
Towards that end, Ordinance No. 1118 has been prepared for
consideration at the City Council meeting of April 5, 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. 7r�esCch
City Attorney
EF: j 1
SUPPORTING
DOCUMENTS
C
INTEROFFICE MEMORANDUM
DATE: April 18, 2006
TO: Samuel Kevin Wilson, Director of Community Services & Water
FROM �,Nelly Giron, Deputy City Clerk
RE: Ordinance No. 1118 - An Interim Ordinance of the City
Council of the City of Vernon Extending Interim
Ordinance No. 1114, as Amended By Ordinance No. 1116,
Making Findings with Respect Thereto, Declaring the
Urgency Thereof and a Basis for Said Ordinance to Take
Effect Immediately
Transmitted herewith is a copy of Ordinance No. 1118 referenced
above, which was approved by City Council on April 5, 2006.
Thank you.
NG:dr
c: Ordinance No. 1118
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. 1118 - AN INTERIM ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF VERNON EXTENDING
INTERIM ORDINANCE NO. 1114, AS AMENDED BY ORDINANCE
NO. 1116, 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 6th day of April 2006.
SEAL:
Manuela Giron
Deputy City Clerk
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, April 5, 2006,
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 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
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 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 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: March 21, 2006
�,/V. Maikenhorst, Jr.
ng City Clerk
AFFIDAVIT OF POSTING
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES) ss
CITY OF VERNON )
I, Sergio Canales, Engineering Aide, of the City of Vernon do hereby
certify that on the 22th day of March 2006, I did post three (3)
copies each of:
NOTICE OF PUBLIC HEARING - To consider the adoption of an
ordinance placing a further 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-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
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 the 'ty of Vernon.
Date:.r22����-��
ergi anales
Engineering Aide
State of California
)ss
County of Los Angeles)
On=r'C�! 22, before 1,�tq"� /personally appeared �2Q e5
personally known to me
me) to be the person (s-) whose name(e) is/-a-r-e subscribed to the
instrument and acknowledged to me that he/shr-f� executed the
same in his/he-r LL _-_r authorized capacity, and that by his/heE-he_�-r
signature(-&) on the instrument the person(,s-), or the entity upon
behalf of which the person(-) acted, executed the instrument.
WIT SS my hand and official seal
C....... # 16113
Now n,arc . CalNoma
La An9" County
%* Comm. Nov 4, 2
0 I�
c( CC ` l I cat-
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
March 30, 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 Establishments,
Commercial Businesses and Residential Use Moratorium
Dear Bruce:
On March 1, 2006, the City Council of the City of Vernon
adopted Ordinance No. 1114 declaring a moratorium on the
acceptance of applications for, or the issuance of, permits or
variances 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
pending further study. The moratorium is to expire on April 15,
2006, unless extended.
On March 22, 2006, the City Council of the City of Vernon
adopted Ordinance No. 1116 amending Section 4 of Ordinance No.
1114 to clarify exception to definitions.
Ordinance No. 1114, as amended, 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.
Our office continues to work with the Department of
Community Services & Water to draft a revised zoning ordinance
'Exciugivery WOUArial
Mr. Bruce V. Malkenhorst, Jr.
March 30, 2006
Page 2
which will address the serious health, safety and/or nuisance
issues, as well as other issues raised, concerning the location
of retail establishments, commercial businesses and residences
near the City's many industrial businesses given the noise, air
emissions, traffic safety and other health, safety and/or
nuisance concerns frequently associated with industrial land
uses.
I recommend that the moratorium established by Ordinance
No. 1114, as amended by Ordinance No. 1116, be extended an
additional ten (10) months and 15 days pursuant to Government
Code Section 65858.
Towards that end, Ordinance No. 1118 has been prepared for
consideration at the City Council meeting of April 5, 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. 7r�esCch
City Attorney
EF: jl
r
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 19th day of April 2006, I did post three (3) copies
of:
Ordinance No. 1118 - An Ordinance of the City Council of the
City of Vernon Extending Interim Ordinance No. 114, as Amended by
Ordinance No. 1116, 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
d pu/blis din the City of Vernon.
Date:
Manuela Giron
Deputy City Clerk
State of California
)ss
County of Los Angels)
On before me,���
perso ally 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 m hand and official seal
AM RTHA� S. V ENZUELA
Comm. # 1494711
NOTARY PUBLIC -CALIFORNIA N
Los Angeles Cauehh
My Comm. Expires JUNE13,2go6^`
s
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. 1118 - AN INTERIM ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF VERNON EXTENDING
INTERIM ORDINANCE NO. 1114, AS AMENDED BY ORDINANCE
NO. 1116, MAKING FINDINGS WITH RESPECT THERETO,
DECLARING THE URGENCY THEREOF AND A BASIS FOR SAID
ORDINANCE TO TARE 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 day of April 2006.
SEAL:
Manuela Giron
Deputy City Clerk