Ordinance No. 11241
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ORDINANCE NO.1124
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
VERNON AMENDING ARTICLE II OF CHAPTER 7 OF THE
CODE OF THE CITY OF VERNON AND REPEALING ALL
ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT
THEREWITH
WHEREAS, the City of Vernon by Ordinance No. 1090 adopted the Uniform Fire
Code, 2001 Edition, including specified Appendices, and the Uniform Fire Code Standards with
certain modifications and changes; and
WHEREAS, Health and Safety Code Section 18938(b) provides that the most
recent edition of the Uniform Fire Code, as referenced in the California Building Standards
Code, shall apply to all occupancies in the state and shall become effective 180 days after
publication in the California Building Standards Code by the California Building Standards
Commission (hereinafter referred to as the "Commission") or at a later date after publication
established by said Commission; and
WHEREAS, California Health and Safety Code Sections 13143.2(b) and 18941.5
allow certain amendments to the Uniform Fire Code to be made by a local government, provided
findings of necessity can be made; and
WHEREAS, the amendment to the 2001 California Fire Code set forth in this
ordinance is intended as an amendment to the corresponding requirements of the California
Building Standards Code, based upon the findings hereinafter set forth, contained in the Staff
Report, Fire Code Amendment dated October 31, 2006 or as otherwise authorized; and
WHEREAS, it is in the interest of the public health, safety and welfare to enact
certain amendments to the Uniform Fire Code as set forth herein because of climatic, geological
and topographical conditions, based upon the following findings:
1. Adverse climatic conditions and strong winds such as those in existence in the
City of Vernon increase the likelihood of fire spreading (conflagration) from one building to
another;
2. Geological conditions in the City of Vernon are affected by the nearby location
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of earthquake faults that can create tremendous loss of life and structures in the city;
3. Topographical conditions of the City of Vernon coupled with the density of
buildings, limited setbacks, narrow access to buildings and narrow streets potentially create a
problem for governmental agencies to respond to emergency conditions; and
WHEREAS, the City Council of the City of Vernon is authorized, pursuant to
Section 50022.2, et sec . of the California Government Code, of the California Health and Safety
Code, to adopt the Uniform Fire Code as a primary building code, by reference in whole or in
part and that the primary code may adopt by reference a secondary code, in whole or in part; and
WHEREAS, the City of Vernon by Ordinance No. 1090 amended Section
7902.2.2.1 limiting the amount of Class I and Class H liquids that may be stored in aboveground
tanks outside of buildings and after further review, staff has determined given advances in
storage vessels and restrictions on below ground tanks it is recommended that an increase in size
of the above ground tanks within the City be approved;
WHEREAS, pursuant to Government Code Section 50022.3, the City Council on
November 22, 2006 gave a first reading to this Ordinance and the title of said Fire Code
Amendment and a duly noticed public hearing was held on December 20, 2006, for the purpose
of considering the adoption of this amendment; and
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: Section 7.12(i) of the Code of the City of Vernon is amended to
now read in its entirety as follows:
Sec. 7902.2.2.1 Storage of Class I and Class II Liquids.
Storage of Class I and Class II liquids in above ground tanks outside of buildings within
the City of Vernon and in areas 1,000 feet or more from the outside boundary of a kindergarten
through 12t' grade public school shall be in approved containers not exceeding 10,000 gallons in
size. In areas of a lot or parcel within 1,000 feet of the outside boundary of said school, the only
Class I or Class II liquids approved for storage in above ground tanks is diesel fuel which shall
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be in approved containers and shall be limited to either two (2) 1,000 gallon tanks or one (1)
2,000 gallon tank.
SECTION 3: Ordinances Repealed.
Any ordinance, part of an ordinance, or code section in conflict with this
Ordinance is hereby repealed.
SECTION 4: Violation.
A violation of this ordinance or any part hereof is punishable by a fine of not
more than One Thousand Dollars ($1,000.00) or by imprisonment in the County Jail for a period
of not more than six (6) months, or by both such fine and imprisonment. Each day or any
portion thereof during which any violation of any provision of this ordinance is committed,
continued or permitted, constitutes a separate and individual offense.
SECTION 5: Severability.
If any section, subsection, sentence, clause, or 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 adopt and pass 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 void or unconstitutional.
SECTION 6: Copies on File with City Clerk.
Pursuant to Government Code Section 50022.6, one copy of the 2001 California
Fire Code shall be made available for public inspection in the office of the City Clerk.
SECTION 7: 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 38a' Street and Santa Fe Avenue, the northeast corner of
Uonis Boulevard and Pacific Boulevard, and on the bulletin board located outside on the wall
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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: Effective Date.
This ordinance shall be in full force and effect on January 20, 2007.
APPROVED AND ADOPTED this 20a' day of December 2006.
IBRUCE V. MALKENHORST, 7R.,
Acting City Clerk
THOMAS A. YBAARA, Mayor Pro-Tem
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STATE OF CALIFORNIA )
ss
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COUNTY OF LOS ANGELES )
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I, BRUCE V. MALKENHORST, JR., Acting City Clerk of the City of
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Vernon, do hereby certify that the
foregoing Ordinance, being Ordinance
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No. 1124, was duly and regularly introduced at a regular meeting of the
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City Council of the City of Vernon,
held on Wednesday, December 20,
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2006, and thereafter was duly signed by the Mayor Pro-Tem of the City
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of Vernon, by the following vote:
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AYES: Councilmen:
Mayor Pro-Tem Ybarra, Davis,
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Gonzales, McCormick
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NOES: Councilmen:
None
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ABSTAINED: Councilmen:
None
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ABSENT: Councilmen:
Mayor Malb g
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BRUCE V. MALKENHORST, JR.
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Acting City Clerk
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(SEAL)
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-
4 -
SUPPORTING
DOCUMENTS
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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
November 9, 2006
Honorable City Council ORD. 2�(
City of Vernon
SUBJECT: FIRE CODE AMENDMENT
Gentlemen:
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
C-14
The City of Vernon, by Ordinance No. 1090, adopted the Uniform Fire Code with certain
modifications. One of the modifications was a limitation on above ground tanks. Specifically, Section 7.12(i)
of the Vernon City Code amends Section 7902.2.2.1 of the Fire Code to read as follows:
Section 7902.2.2.1— Storage of Class I and II Liquids
Storage of Class I and Class II liquids in above ground tanks outside of buildings not exceeding three
(3) 6,000 gallon tanks per parcel in approved containers is permitted within the limits of the City of
Vernon except within the shaded areas shown on Exhibit "A" which is attached hereto and made a part
hereof by reference.
Exception: Storage of Class I and Class II liquids not exceeding two (2) 1,000 gallon tanks or one (1)
2,000 gallon diesel fuel tank per parcel in approved containers is permitted in all areas within the limits
of the City of Vernon.
The Community Services & Water, Environmental Health, and Fire Departments have conducted a
review of this code modification. Given the advances in the construction of above ground tanks and the
restrictions on the placement and monitoring of below ground tanks, it is recommended that this amendment be
modified to allow larger tanks within the City. Therefore, it is recommended that Ordinance No. 1124 be
approved at the next City Council meeting further amending City Code Section 7.12(i) to read as follows:
Section 7902.2.2.1— Storage of Class I and Class II Liquids
Storage of Class I and Class II liquids in above ground tanks outside of buildings within the City of
Vernon and in areas 1,000 feet or more from the outside boundary of a kindergarten through 12t' grade
'EXCIUA110e10 wubugtriat
City Council
-2-
November 9, 2006
public school shall be in approved containers not exceeding 10,000 gallons in size. In areas of a lot or
parcel within 1,000 feet of the outside boundary of said school, the only Class I or Class H liquids
approved for storage in above ground tanks is diesel fuel which shall be in approved containers and
shall be limited to either two (2) 1,000 gallon tanks or one (1) 2,000 gallon tank.
Enclosed are the following: 1) Ordinance No. 1124, and 2) Staff Report on Fire Code Amendment
dated October 31, 2006. The City Attorney's office has reviewed and approved said items.
The first reading by the Vernon City Council for the above mentioned ordinance shall be November 22,
2006. A public hearing must be held after the introduction of the ordinance per Section 50022.3 of the
Government Code and is scheduled to be held the date of the second reading, December 20, 2006.
Very
rSatiel Kevin Wilson, P.E.
Director of Community Services & Water
SKW/ca
Enclosures
c: Eric Fresch
Jeff Harrison
Lew Pozzebon
Chief Mark Whitworth
s
STAFF REPORT
Fire Code Amendment
October 31, 2006
The City of Vernon adopted the 2001 California Fire Code on September 4, 2002.
California Health and Safety Code Sections 17958, 17958.5, 17958.7 and 18941.5 allow the local
agency to modify or change the Model Codes provided certain findings can be made. City staff
believes it is in the interest of public health, safety and welfare to modify one of its amendments
to the model codes because of the climatic, geological and/or topographical conditions in the City
and based upon the following findings:
1. Adverse climatic conditions and strong winds such as those in existence in the
City of Vernon increase the likelihood of fire spreading from one building to another;
2. Geological conditions in the City of Vernon are affected by the location of
earthquake faults that can create tremendous loss of life and structures in the City; and
3. Topographical conditions of the City of Vernon coupled with the density of
buildings, limited setbacks, narrow access to buildings, narrow streets potentially create a
problem for Governmental agencies to respond to emergency conditions.
The City of Vernon, by Ordinance No. 1090, adopted the Uniform Fire Code with certain
modifications. One of the modifications was a limitation on above ground tanks. Specifically,
Section 7.12(i) of the Vernon City Code amends Section 7902.2.2.1 of the Fire Code to read as
follows:
Section 7902.2.2.1— Storage of Class I and II Liquids
Storage of Class I and Class II liquids in above ground tanks outside of buildings not
exceeding three (3) 6,000 gallon tanks per parcel in approved containers is permitted
within the limits of the City of Vernon except within the shaded areas shown on Exhibit
"A" which is attached hereto and made a part hereof by reference.
Exception: Storage of Class I and Class II liquids not exceeding two (2) 1,000 gallon
tanks or one (1) 2,000 gallon diesel fuel tank per parcel in approved containers is
permitted in all areas within the limits of the City of Vernon.
The Community Services & Water, Environmental Health, and Fire Departments have
conducted a review of this code modification. Given the advances in the construction of above
ground tanks and the restrictions on the placement and monitoring of below ground tanks, it is
recommended that this amendment be modified to allow larger tanks within the City. Therefore,
it is recommended that Ordinance No. 1124 be approved at the next City Council meeting
amending City Code Section 7.12(i) to now read as follows:
Section 7902.2.2.1 — Storage of Class I and Class H Liquids
Storage of Class I and Class H liquids in above ground tanks outside of buildings within
the City of Vernon and in areas 1,000 feet or more from the outside boundary of a
kindergarten through 12th grade public school shall be in approved containers not
exceeding 10,000 gallons in size. In areas of a lot or parcel within 1,000 feet of the
outside boundary of said school, the only Class I or Class H liquids approved for, storage
in above ground tanks is diesel fuel which shall be in approved containers and shall be
limited to either two (2) 1,000 gallon tanks or one (1) 2,000 gallon tank.
Findings
1. Adverse climatic conditions and strong winds such as those in existence in the
City of Vernon increase the likelihood of fire spreading (conflagration) from one building to
another;
2. Geological conditions in the City of Vernon are affected by the nearby location of
earthquake faults that can create tremendous loss of life and structures in the city;
3. Topographical conditions of the City of Vernon coupled with the density of
buildings, limited setbacks, narrow access to buildings and narrow streets potentially create a
problem for governmental agencies to respond to emergency conditions.
NOTICE OF PUBLIC HEARING
PLEASE TAKE NOTICE that on December 20, 2006, at 5:00 p.m, or as soon thereafter
as the matter may be heard, in the Council Chamber of Vernon City Hall, located at 4305 Santa
Fe Avenue, the City Council of the City of Vernon will hold a public hearing to consider
adoption of Ordinance No. 1124 entitled "AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF VERNON AMENDING ARTICLE II OF CHAPTER 7 OF THE CODE OF
THE CITY OF VERNON AND REPEALING ALL ORDINANCES AND PARTS OF
ORDINANCES IN CONFLICT THEREWITH." City staff is recommending an amendment to
the 2001 California Fire Code.
Interested persons may make an oral presentation to the City Council at the time of the
hearing, or may present written comments prior to the hearing.
The Staff Report for the Fire Code Amendment is on file in the office of the City Clerk
and is open for public review.
Dated: �� C
BRUCE V. MALKENHORST, JR.,
Acting City Clerk
of VP
M O
COMMUNITY SERVICES & WATER DEPARTMENT
OFFICE MEMORANDUM
TO: Bruce V. Malkenhorst, r., Acting City Clerk
FROM: Samuel Kevin Wilson, Director of Community Services & Water
DATE: November 22, 2006
SUBJECT: FIRE CODE AMENDMENT
The City of Vernon, by Ordinance No. 1090, adopted the Uniform Fire Code with certain
modifications. One of the modifications was a limitation on above ground tanks. Specifically, Section 7.12(i)
of the Vernon City Code amends Section 7902.2.2.1 of the Fire Code to read as follows:
Section 7902.2.2.1— Storage of Class I and 1I Liquids
Storage of Class I and Class H liquids in above ground tanks outside of buildings not exceeding three
(3) 6,000 gallon tanks per parcel in approved containers is permitted within the limits of the City of
Vernon except within the shaded areas shown on Exhibit "A" which is attached hereto and made a part
hereof by reference.
Exception: Storage of Class I and Class H liquids not exceeding two (2) 1,000 gallon tanks or one (1)
2,000 gallon diesel fuel tank per parcel in approved containers is permitted in all areas within the limits
of the City of Vernon.
The Community Services & Water, Environmental Health, and Fire Departments have conducted a
review of this code modification. Given the advances in the construction of above ground tanks and the
restrictions on the placement and monitoring of below ground tanks, it is recommended that this amendment be
modified to allow larger tanks within the City. Therefore, it is recommended that Ordinance No. 1124 be
approved at the next City Council meeting further amending City Code Section 7.12(i) to read as follows:
Section 7902.2.2.1— Storage of Class I and Class 11 Liquids
Storage of Class I and Class 11 liquids in above ground tanks outside of buildings within the City of
Vernon and in areas 1,000 feet or more from the outside boundary of a kindergarten through 12'h grade
public school shall be in approved containers not exceeding 10,000 gallons in size. In areas of a lot or
parcel within 1,000 feet of the outside boundary of said school, the only Class I or Class H liquids
approved for storage in above ground tanks is diesel fuel which shall be in approved containers and
shall be limited to either two (2)1,000 gallon tanks or one (1) 2,000 gallon tank.
The first reading by the Vernon City Council for the above mentioned ordinance shall be November 22,
2006. A public hearing must be held after the introduction of the ordinance per Section 50022.3 of the
Government Code and is scheduled to be held the date of the second reading, December 20, 2006.
It is recommended that a public hearing be scheduled to receive any comments that the public may
have in regards to the proposed amendments.
Enclosed herewith is a Notice of Public Hearing scheduled for December 20, 2006. Please execute the
hearing notice and return to me for publishing and posting. Thank you.
SKW/ca
Enclosure
DECLARATION OF PUBLICATION
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CLAUDIA ARRELLANO
CITY OF VERNON
COMMUNITY SERVICES & WATER DPT
4305 SANTA FE AVE
VERNON CA 90058
NOTICE OF PUBLIC HEARING
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF VE
HEARING/CLOSE/SALE DATE: 12/20/06
The undersigned says:
I am over the age of 18 years and a citizen of the
United States. I am not a parry to and have no interest in
this matter. I am a principal clerk of the METROPOLI-
TAN NEWS -ENTERPRISE, a newspaper of general cir-
culation in the City of Los Angeles, the Judicial District
of Los Angeles, the County of Los Angeles, and the State
of California, as adjudicated in Los Angeles Superior
Court Case No. 601165. The notice, a printed copy of
which appears hereon, was published on the following
date(s): Nov 28, Dec 5, 2006
I declare under penalty of perjury that the foregoing is
true and correct. Executed at Los Angeles, California on
12/05/06.
Metropolitan NewAnterprise
P.O. Box 60859
Los Angeles, Ca 90060
Phone: (213) 346-0033
Fax: (213) 687-3886
Cast. Num.: 011482 Control Num.: 766312
Cust. Ref Num.: 12-2-006 1111111111111111111111111111111111111111
NOTICE OF PUBLIC HEARING
PLEASE TAKE NOTICE that on
December 20, 2006, at 5:00 p.m, or as
soon thereafter as the matter may be
heard, in the Council Chamber of Vernon
City located at 4305 Santa Fe
Avenue, the City Council of the City of
Vernon will hold a public hearing to
consider adoption of Ordinance No. 1124
entitled "AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF VERNON
AMENDING ARTICLE II OF CHAPTER 7
OF THE CODE OF THE CITY OF
VERNON AND REPEALING ALL ORDI-
NANCES AND PARTS OF ORDI-
NANCES IN CONFLICT THEREWITH. -
City staff is recommending an amend-
ment to the 2001 California Fire Code.
Interested persons may make an
oral presentation to the City Council at
the time of the hearing, or may present
written comments prior to the hearing.
The Staff Report for the Fire Code
Amendment is on file in the office of the
City Gerk and is open for public review.
Dated
BRUCE V. MALKENHORST, JR.,
Acting City Gerk
CN76631212-2-006 Nov 28, Dec 5,
2006
Page 1 of I
CERTIFICATE
STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES)
I, Bruce V. Malkenhorst, Jr., Acting 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. 1124 - An Ordinance of the City Council of
the Vernon Amending Article II of Chapter 7 of the Code of
the City of Vernon and Repealing All Ordinances and 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 28th day of December 2006.
SEAL:
Bruck,3fi. Malkenhorst, Jr.
Acting City Clerk
AFFIDAVIT OF POSTING
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES) ss
CITY OF VERNON )
I, Andrew Thompson, Utilityman II, of the City of Vernon do hereby
certify that on the 28th day of December 2006, I did post three (3)
copies each of:
Ordinance No. 1124 - An Ordinance of the City Council of
the City of Vernon Amending Article II of Chapter 7 of the
Code of the City of Vernon and Repealing All Ordinances and
Parts of Ordinances in Conflict Therewith.
on each of the following places, to wit: on the bulletin boards
located on the northwest corner of 38th Street and Santa Fe Avenue and
the northeast corner of Leonis Blvd. and Pacific Blvd., all in said
City, there being no newspaper of general circulation printed and
published in the City of Vernon.
Date:
Wr?d'rew Thompson
Utilityman II
State of California )
)ss
County of Los Angels)
On before me, Manuela Giron, Notary Public,
personally appeared Andrew Thompson
personally known to me (^r i r vim--
�--') to be the person (-5-) whose name (as) is/ar subscribed to the
instrument and acknowledged to me that he/s�y executed the
same in his/har /tb,a r authorized capacity, and that by his/lamr,'tom
signature(-s) on the instrument the person(-s�, or the entity upon
behalf of which the person(.e-) acted, executed the instrument.
WITNESS my hand and official seal
MANUEIA GIRON
Commission 11611388
• Notpry Public California
los Angeles County
My Comm. Expires Nov 4, 20091
CITY CLERK'S OFFICE
INTEROFFICE MEMORANDUM
DATE: January 16, 2007
TO: Lewis Pozzebon, Director of Environmental Health
Mark Whitworth, Fire Chief
Kevin Wilson, Director of Community Services & Water
FROMA Nelly Giron, Deputy City Clerk
RE: Ordinance No. 1124 - An Ordinance of the City Council of the
City of Vernon Amending Article II of Chapter 7 of the Code
of the City of Vernon and Repealing All Ordinances or Parts
of Ordinances in Conflict Therewith
Transmitted herewith is a copy of Ordinance No. 1124 referenced above,
which was approved by City Council on December 20, 2006.
Thank you.
NG:dr
c: Ordinance No. 1124