Ordinance No. 11391
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
ORDINANCE NO. 1139
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
VERNON ADOPTING THE COMPREHENSIVE ZONING ORDINANCE
OF THE CITY OF VERNON; ESTABLISHING ZONING
DISTRICTS IN THE CITY AND REGULATING AND
RESTRICTING THE USE, SIZE, AND THE LOCATION OF.
BUILDINGS AND IMPROVEMENTS ON LAND; THE USE OF LAND
AND OPEN SPACE; ADOPTING A MAP SHOWING SAID ZONING
DISTRICTS, DEFINING THE TERMS USED IN THE
ORDINANCE; PROVIDING FOR ITS ADJUSTMENT, AMENDMENT
AND ENFORCEMENT; AND REPEALING ALL ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT HEREWITH
WHEREAS, the City of Vernon (the "City") is a municipal
corporation and a chartered city of the State of California organized
and existing under its Charter and the Constitution of the State of
lCalifornia; and
WHEREAS, the City Council of the City of Vernon ("City
Council") has caused a revised City of Vernon General Plan (the
"Plan") to be prepared and adopted; and
WHEREAS, the City Council has determined that certain changes
to existing City ordinances are necessary in order to implement the
goals and policies of the Plan; and
WHEREAS, the City Council, by adoption of Ordinance No. 1114
on March 1, 2006, as amended by Ordinance No. 1116 on March 22, 2006,
established a moratorium to study the extent of standards needed for the
construction and location of retail establishments, commercial
businesses and residences near the City's 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
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
study and other health, safety and/or nuisance concerns frequently
associated with industrial land uses and other harms caused by said
Jactivities; and
WHEREAS, the City Council, by adoption of Ordinance No. 1118
adopted on April 5, 2006, extended the duration of the moratorium
through and including February 20, 2007; and
WHEREAS, the City Council, by adoption of Ordinance No. 1130
on February 5, 2007, extended the duration of the moratorium through and
including February 5, 2008; and
WHEREAS, a duly -noticed public hearing has been held to
consider the proposed ordinance changes and public testimony has been
received and considered; and
WHEREAS, the City Council has not created a separate planning
commission and performs all of the functions of a planning commission as
authorized by Government Code Sections 65100 and 65861; and
WHEREAS, the Comprehensive Zoning Ordinance of the City of
Vernon is consistent with the Plan which has been adopted by the City
Council by Resolution No. 9484 on December 3, 2007; and
WHEREAS, the City Council has made the following findings as
a result of this review and hearing:
1. That due and careful consideration has been given to the
suitability of each and every zone for the regulations applicable to it,
and that these regulations are found to best serve the stated purpose of
each zone;
2. That these regulations are in the public interest, and
that due and careful consideration has been given to ensure consistency
between these regulations and the Plan;
3. That the property development standards included in this
- 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
�lordinance are necessary to preserve the community health, safety, and
�Igeneral welfare; to assure adequate levels of light and air; to promote
Ithe functional compatibility of sues; to promote the safe and efficient
(circulation of pedestrian and vehicular traffic; to conserve and
(stabilize the value of property; and to encourage the development of
1property in such a manner as not to adversely affect the use and
lenjoyment of adjoining lands; and
4. That in accordance with Government Code Section
165863.6, which requires that any ordinance that limits the number of
housing units which may be constructed on an annual basis contain
findings as to the public health, safety, and welfare of the City that
is promoted by the adoption of the ordinance, the City Council hereby
finds that many of the housing goals and programs which are desirable
in non -industrial jurisdictions are not feasible in the City. The
noise, dust, vibration and chemical wastes and odors from the City's
local industries (many of which operate around the clock) serve as a
deterrent to housing development. Moreover, housing should not be
encouraged in close proximity to heavy industry for.health and safety
reasons. Future housing growth has been deemed inappropriate in the
City due to the City's pervasive industrial environment and land use
incompatibilities related to hazardous materials, background
contamination, noxious odors, noise pollution, and truck and railroad
traffic. Due to the environmental factors affecting any future
residential development, the City has determined that limiting the
number of building permits that may be issued for residential
construction to zero is necessary for the protection of the public
health, safety, and welfare of the residents of the City and the
viability of the businesses operating in the City; and
- 3 -
I WHEREAS, Chapter 4.1(f) and (h) of the Charter of the City of
2 Vernon provides that an ordinance shall amend a code or repeal any
3 ordinance or code previously adopted.
4 THE CITY COUNCIL OF THE CITY OF VERNON HEREBY ORDAINS:
5 SECTION 1: The City Council of the City of Vernon hereby
6 finds and determines that the recitals contained hereinabove are true
7 and correct.
8 SECTION 2: ADOPTION OF COMPREHENSIVE ZONING ORDINANCE. The
9 City Council of the City of Vernon hereby approves and adopts the
10 Comprehensive Zoning Ordinance which has been presented to the City
11 Council concurrently with this Ordinance. The City Council hereby
12 orders the Comprehensive Zoning Ordinance to be received and filed by
13 the City Clerk. The Comprehensive Zoning Ordinance submitted herewith
14 is incorporated herein by this reference as though fully set forth at
15 length.
16 SECTION 3: CERTAIN ORDINANCES REPEALED. All ordinances,
17 parts of an ordinance, or code section in conflict with this Ordinance
18 are hereby repealed, specifically Ordinance Nos. 946, 973, 982, 1027,
19 1033, 1094 and 1100.
20 SECTION 4: REPEALING OF PRESENT ZONING ORDINANCES.
21 Chapters 18A and.26 of the Vernon City Code are hereby repealed and the
22 Comprehensive Zoning Ordinance submitted herewith is substituted in
23 lieu thereof as Chapter 26 of the Vernon City Code as of the effective
24 date of its adoption.
25 SECTION 5: The moratorium imposed by Ordinance No. 1114, as
26 amended by Ordinance 1116, as extended by Ordinance Nos. 1118 and 1130,
27 are hereby terminated as of the effective date of the adoption of this
28 Ordinance.
- 4 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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, as well as
Vernon Code Sections 1.9 and 1.10, 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.
- 5 -
1' SECTION 8: This Ordinance shall be in full force and effect
2 thirty (30) days from and after its passage of the same.
3 APPROVED AND ADOPTED this 17th day of December, 2007.
4
5
6 Name: Leonis C. Malburg
7
Title: Mayor
8
ATTEST:
9
10
11 MANUELA GIR N, ity Clerk
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
6 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I, MANUELA GIRON, City Clerk of the City of Vernon, do hereby
certify that the foregoing Ordinance, being Ordinance No. 1139 was duly
and regularly introduced at a regular meeting of the City Council of
the City of Vernon, held on Monday, December 3, 2007, and thereafter
finally adopted at a regular meeting of the City Council held on
Monday, December 17, 2007, and thereafter was duly signed by the Mayor
of the City of Vernon, by the following vote:
(SEAL)
AYES: Councilmen: Mayor Malburg, Davis, Gonzales,
McCormick, Ybarra
NOES: Councilmen: None
ABSTAINED: Councilmen: None
ABSENT: Councilmen: None
1
MANUELA GIRO
City Clerk
- 7 -
CITY CLERK'S OFFICE
INTEROFFICE MEMORANDUM
DATE: January 2, 2008
TO: Kevin Wilson, Director of Community Services & Water
FROMw q
Nelly Giron, City Clerk
RE: Ordinance No. 1139 - An Ordinance of the City Council of the
City of Vernon Adopting the Comprehensive Zoning Ordinance
of the City of Vernon; Establishing Zoning Districts in the
City and Regulating and Restricting the Use, Size, and the
Location of Buildings and Improvements on Land; the Use of
Land and Open Space; Adopting a Map Showing Said Zoning
Districts, Defining the Terms Used in the Ordinance;
Providing for its Adjustment, Amendment and Enforcement; and
Repealing All Ordinances or Parts of Ordinances in Conflict
Herewith
Transmitted herewith is a copy of Ordinance No. 1139 referenced above,
which was approved by City Council on December 17, 2007.
Thank you.
NG:dr
c: Ordinance No. 1139
AFFIDAVIT OF POSTING
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES) ss
CITY OF VERNON )
I, Sergio Canales, Planning Assistant, of the City of Vernon do hereby
certify that on the 20th day of December 2007, I did post three (3)
copies of:
ORDINANCE NO. 1139 — An Ordinance of the City Council of the
City of Vernon Adopting the Comprehensive Zoning Ordinance
of the City of Vernon; Establishing Zoning Districts in the
City and Regulating and Restricting the Use, Size, and the
Location of Buildings and Improvements on Land; the Use of
Land and Open Space; Adopting a Map Showing Said Zoning
Districts, Defining the Terms Used in the Ordinance;
Providing for its Adjustment, Amendment and Enforcement; and
Repealing All Ordinances or Parts of Ordinances in Conflict
Herewith.
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 i he of ernon.
Date: 70,o
'Sergi Canales, Planning Assistant
State of California )
)ss
County of Los Angels)
On &e4yA6V ki X before me, Manuela Giron
personally appeared Sergio Canales
personally known to me (fir
eS7�) to be the person (.$) whose name (.s-) is/ate subscribed to the
instrument and acknowledged to me that he/she4t4e-; executed the
same in his/4rert 'Uinl' authorized capacity, and that by his/h--� `r,�r
signature(a) on the instrument the person(-&), or the entity upon
behalf of which, the person(e) acted, executed the instrument.
MANUELAGIRON WIT SS my hand and official seal
Commission # 1611388
amy
Notary Public - California DLos Angeles Coun:4,2J0O9
Comm. Expires NovJ
CERTIFICATE
STATE OF CALIFORNIA )
) SS
COUNTY OF LOS ANGELES)
I, Manuela Giron, 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. 1139 - AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF VERNON ADOPTING THE
COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF
VERNON; ESTABLISHING ZONING DISTRICTS IN THE CITY
AND REGULATING AND RESTRICTING THE USE, SIZE, AND
THE LOCATION OF BUILDINGS AND IMPROVEMENTS ON LAND;
THE USE OF LAND AND OPEN SPACE; ADOPTING A MAP
SHOWING SAID ZONING DISTRICTS, DEFINING THE TERMS
USED IN THE ORDINANCE; PROVIDING FOR ITS
ADJUSTMENT, AMENDMENT AND ENFORCEMENT; AND
REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT HEREWITH
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 December 2007.
SEAL:
anuela Giron " ••••..,
City Clerk
COMPREHENSIVE ZONING ORDINANCE
OF THE
CITY OF VERNON
Chapter 26 of
The Code of the City of Vernon
Effective Date of This Ordinance
January 16, 2008
2
COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF VERNON
PART PAGE
ArticleI. Introduction................................................................................................. 5
Sec. 26.1.1.
Title....................................................................................................5
Sec. 26.1.2.
Purpose and Intent.............................................................................. 5
Sec. 26.1.3.
Interpretation and Conflicts................................................................5
Sec.26.1.4.
Applicability.......................................................................................5
Sec. 26.1.5.
Vested Right....................................................................................... 6
Sec.26.1.6.
Severability.........................................................................................6
Sec. 26.1.7.
Statute of Limitations for Actions Attacking General
Plan, Zoning Ordinance, or Zoning Decisions ................................... 6
ArticleII. Definitions.................................................................................................... 7
26.2.
Purpose of Definitions; Words Defined..........................................7
Sec. 26.2.1.
Definitions
(A)...................................................................................7
Sec. 26.2.2.
Definitions
(B)....................................................................................7
Sec. 26.2.3.
Definitions
(C)....................................................................................7
Sec. 26.2.4.
Definitions
(D-E)................................................................................
8
Sec. 26.2.5.
Definitions
(F-G)................................................................................
9
Sec. 26.2.6.
Definitions
(H-I).................................................................................
9
Sec. 26.2.7.
Definitions
(J-K)..............................................................................
10
Sec. 26.2.8.
Definitions
(L)..................................................................................
10
Sec. 26.2.9.
Definitions
(M-O)............................................................................
11
Sec. 26.2.10.
Definitions
(P-Q)..............................................................................13
Sec. 26.2.11.
Definitions
(R)..................................................................................13
Sec. 26.2.12.
Definitions
(S)..................................................................................14
Sec. 26.2.13.
Definitions
(T)..................................................................................15
Sec. 26.2.14.
Definitions
(U-V).............................................................................15
Sec. 26.2.15.
Definitions
(W-Z).............................................................................15
Article III. Zone and Overlay Zones...........................................................................16
Sec. 26.3.1. Zone and Overlay Zones of the City ................................................ 16
Sec. 26.3.2. Comprehensive Zoning Map............................................................ 17
Sec. 26.3.3. Uncertainty as to Overlay Zone Boundaries .................................... 17
Sec. 26.3.4. Keeping of Zoning Map................................................................... 17
Article IV. Zones, Permitted Uses, Development Standards, and Site
PlanningStandards...................................................................................18
Sec. 26.4.1. General Industry (I) Zone................................................................18
Sec. 26.4.2. Commercial (C) Overlay Zone ......................................................... 25
3
Sec. 26.4.3. Slaughtering (S) Overlay Zone ........................................................ 27
Sec. 26.4.4. Rendering (R) Overlay Zone............................................................ 28
Article V. Regulations Applicable to the I Zone and Overlay Zones ..................... 28
Sec. 26.5.1. Off -Street Parking and Loading Facilities ....................................... 28
Sec. 26.5.2. Street Dedication and Fee for Improvements ................................... 36
Sec. 26.5.3. Legal Nonconforming Status........................................................... 36
Article VI. Special Regulations and Procedures........................................................ 41
Sec. 26.6.1. Purpose.............................................................................................41
Sec.26.6.2. Variances..........................................................................................41
Sec. 26.6.3. Conditional Use Permit.................................................................... 46
Sec. 26.6.4. Zoning Ordinance or Text Amendment ........................................... 51
Sec. 26.6.5. Interpretations, Minor Exceptions, and Appeals .............................. 52
Article VII. Zoning Regulations for Adult or Sexually Oriented
Businesses................................................................................................... 53
Sec. 26.7.1. Purpose.............................................................................................53
See.26.7.2. Definitions........................................................................................54
Sec. 26.7.3. Location Requirements.................................................................... 54
Article VIII. Zoning Regulations for Off -Site Outdoor Advertising
Structures................................................................................................... 54
Sec. 26.8.1. Application of Article....................................................................... 54
Sec. 26.8.2. Conditional Use Permit Required .................................................... 55
Sec. 26.8.3. General Conditions........................................................................... 55
ArticleIX. Enforcement............................................................................................... 58
Sec. 26.9.1. Application of Article....................................................................... 58
Comprehensive Zoning Map of the City of Vernon
rd
Chapter 26. Comprehensive Zoning Ordinance
Article I. Introduction.
Sec.26.1.1. Title.
This Chapter and the accompanying Zoning Map shall be known as the
"Comprehensive Zoning Ordinance of the City of Vernon" (hereinafter this
"Chapter"), which for convenience may be referred to as the "Zoning Ordinance" or "this
Ordinance". The Effective Date of this Ordinance is January 16, 2008.
Sec. 26.1.2. Purpose and Intent.
The purpose of this Chapter is to consolidate and coordinate all existing zoning
regulations and provisions into one comprehensive zoning plan that designates, regulates,
and restricts the use, location, and size of Buildings, Ancillary Structures, and land for
industrial uses and other permitted purposes and that establishes performance and
development standards in order to protect the public health, safety, and welfare. To
achieve these purposes, this Chapter establishes one Zone within the City (Industrial) and
various Overlay Zones of such number, shape, and area as have been deemed best suited
to carry out these regulations and provide for the administration and enforcement of said
regulations. It is declared that in the enactment of this Chapter, the City Council has
given due and special consideration to the industrial nature of the City, and to the City's
continuing focus on providing a suitable location for industry and the infrastructure and
services required to serve industrial activities. The City's intent is to continue to support
the ongoing industrial character of the City, while recognizing the changing industrial
environment throughout the United States and globally, and to respond appropriately.
The City Council has further seriously considered the impact of the City's pervasive
industrial environment and resulting land use incompatibilities with certain other uses as
a result of, among other issues, the storage, use, transportation, and processing of
hazardous materials; background contamination; noxious odors; noise pollution; and
truck and railroad traffic throughout the City.
Sec. 26.1.3. Interpretation and Conflicts.
This Chapter supersedes and replaces all prior zoning codes or ordinances and
amendments thereto, and represents the entire and complete zoning ordinance for the City
as of the date of its effective date. Wherever the requirements of this Chapter are at
variance with the requirements of any other lawfully adopted rule, regulation, or
ordinance, the most restrictive or that imposing the higher standards shall govern.
Sec.26.1.4. Applicability.
This Chapter shall apply as follows:
5
Sec. 26.1.4-1. Buildings, Ancillary Structures, and Lots. Except as provided by
this Chapter, no Building, Ancillary Structure, or Lot shall hereafter be used or occupied
and no Building or Ancillary Structure or part thereof shall be erected, moved, or altered
unless in conformity with the regulations herein specified for the Zone or Overlay Zone
in which it is located, and then only after securing all permits and licenses required by
any law or ordinance.
Sec. 26.1.4-2. Licenses and Permits. No City official, officer, or employee or
anyone acting upon behalf of such person shall issue any license or permit for uses,
Buildings, or purposes contrary to or in violation of, the provisions of this Chapter.
Sec. 26.1.4-3. Authority. Whenever a power is granted to or,a duty imposed upon
a public officer by this Chapter, the power may be exercised or the duty may be
performed by the City Council, that officer or a duly authorized representative of that
officer, or a person authorized pursuant to law or ordinance, unless this Chapter expressly
provides otherwise.
Sec. 26.1.5. Vested Right.
Nothing in this Chapter shall create or be construed to create any vested right in
any Person.
Sec.26.1.6. Severability.
If any provision or clause of this Chapter or the application thereof to any Person
or circumstance is held invalid, such invalidity shall not affect other provisions or
applications of this Chapter which can be carried out without the invalid provision or
application, and to this end the provisions of this Chapter are declared to be severable.
Sec. 26.1.7. Statute of Limitations for Actions Attacking General Plan, Zoning
Ordinance, or Zoning Decisions.
Except as otherwise provided in the California Government Code, Section 65009,
subdivisions (d) and (i), no action or proceeding to attack, review, set aside, void, or
annul the City Council's decision to adopt or amend its general plan or this Code or any
decision on the granting or denial of a Conditional Use Permit or Variance or to
determine the reasonableness, legality, or validity of any condition attached to a Variance
or Conditional Use Permit or any other permit, or concerning any of the proceedings,
acts, or determinations taken, done, or made prior to any decision in connection with any
of the above, shall be maintained by any Person unless such action or proceeding is
commenced and service is made on the City Council within ninety (90) days after the
date of the City Council's decision. Thereafter all Persons are barred from any such
action or proceeding or any defense of invalidity or unreasonableness of such decision or
of such proceedings, acts, or determinations.
Article II. Definitions.
26.2. Purpose of Definitions; Words Defined.
For the purpose of this Chapter, certain words and terms are defined and shall be
construed as herein set forth unless otherwise expressly stated, or unless the context
clearly indicates a different intention. Words defined herein may have different
definitions in different Chapters of this Code.
Sec. 26.2.1. Definitions (A).
Adult or Sexually Oriented Businesses shall have the same meaning as defined in
Chapter 5, Article VI, Section 5.81 et. seq. of this Code, and shall be deemed. to be either
a Commercial Use or a Retail Use, depending on the nature of the business.
Amendment shall mean a change in the wording, context, or substance of this
Chapter or a change in the Zone or Overlay Zone boundaries or Zone or Overlay Zone
classifications upon the Zoning Map.
Ancillary Structure shall mean any structure that is built or constructed to be used
in connection with the use of the Property on which it is located, including items such as
a fence, wall, or sign or other structure built or composed of parts joined together in some
definite manner, excluding a Building, and shall also include any equipment anchored to
the ground.
Ancillary Use shall mean a use customarily incidental or subordinate to a Person's
Permitted Use, as further described in Section 26.4.1-2(f), such as office space or show
room space, that does not occupy more than twenty percent (20%) of the gross Floor
Area occupied by the Person's Permitted Use nor generate more than twenty percent
(20%) of the revenues of the Person's Permitted Use.
Auto Wrecker - see Junk or Salvage Business.
Sec. 26.2.2. Definitions (B).
Bars shall mean establishments that primarily serve alcoholic beverages (not
including restaurants that primarily serve food, and that also serve alcoholic beverages),
including, without limitation, taverns, nightclubs, and dance halls. Bar shall not include
an Adult or Sexually Oriented Business, even if it serves alcoholic beverages.
Building shall mean any structure having a permanent roof supported by columns
or walls and attached to the ground.
Sec. 26.2.3. Definitions (C).
CEQA shall mean the California Environmental Quality Act, California Public
Resources Code Sections 21000-21177.
7
Change of Use shall mean any new use or change of activity, including any
installation of new equipment, upgrade or modification of equipment, or commencement
of a new business activity, purpose, or use that requires a permit from the Department of
Community Services.
Chapter shall mean this Chapter 26; Comprehensive Zoning Ordinance of the City
of Vernon.
City shall mean the City of Vernon.
City Council shall mean the City Council of the City of Vernon.
Code shall mean the Municipal Code of the City of Vernon.
Cold Storage Warehouse shall mean a Building or part of a Building used
primarily to store nondurable, perishable goods under refrigeration at temperatures of
thirty-five degrees Fahrenheit (35°) or lower, excluding areas used for the processing,
preparing, or packaging of such goods for storage.
Commercial Use shall mean businesses that provide services to employees of
businesses located in the City, and residents of the City, including but not limited to
banks, publishing and printing shops, Offices, and Adult or Sexually Oriented
Businesses.
Community Facilities shall mean Buildings and facilities intended to be used by
the general public (or segments of the general public), including, without limitation,
private schools (including special purpose schools, such as nursery schools, trade schools,
or special interest schools), gymnasiums, libraries, museums, health clubs, senior citizen
centers, day care centers, hospitals and emergency rooms, multi -use facilities, such as
YMCAs and community centers, cemeteries, and other similar facilities, but not
including a Religious Use, as defined below.
Conditional Use Permit shall mean a discretionary permit granted by the City
Council for certain uses of Property not permitted of right because such uses require
special review and may be subject to special conditions. The requirements for a
Conditional Use Permit are set forth in Section 26.6.3.
Contractor's Yard shall mean a permanent site that houses a contractor's
equipment or materials, stored either outdoors or within a structure or Building.
Sec. 26.2.4. Definitions (D-E).
Data Center shall mean a Building with a controlled environment used for
housing a large amount of electronic equipment, typically computers and
communications equipment, for the purpose of creating a hosted computer environment.
Development Standards shall mean the development and performance standards
described in Section 26.4.1-6.
Dwelling Unit - see Residence.
Sec. 26.2.5. Definitions (F-G).
Floor Area shall mean the total area of all floors contained within the exterior
walls of all Buildings, measured by the exterior dimensions of the Building, on a Lot. It
shall include elevated storage areas and platforms, walkways, and similar interior
structures or facilities used to provide access to such storage areas, but not where the
same are used to provide access solely to machinery or equipment and are not normally
occupied, except to maintain the equipment.
Floor Area Ratio shall mean the ratio of the Floor Area of all Buildings on a Lot
to the building area of that Lot.
Force Majeure shall mean an event that is not within the control of the owner of
the Property, including, without limitation, earthquake, flood, fire, and acts of war or
terrorism.
Freight Terminal shall mean any Lot, Building, or part of a Building in or on
which goods or freight are transferred or redistributed from one vehicle to another;
provided, however, that such use in connection with the operation of a Warehouse Use or
Cold Storage Warehouse shall not be deemed to be a Freight Terminal.
Sec. 26.2.6. Definitions (H-I).
Hotel shall mean any building containing two (2) or more individual rooms or
suites of rooms intended or designed to be used, or which are used, rented, or hired out to
be occupied for sleeping or housing purposes by guests. Hotels include Motels, boarding
houses, rest homes, sanitariums, dormitories, and any other structure or Building other
than a Residence used for the housing or sleeping of humans.
Incidental Use shall mean a use that is in connection with a Person's Permitted
Use, as further described in Section 26.4.1-30), such as office space or show room space,
that occupies more than twenty percent (20%) but less than fifty percent (50%) of the
gross Floor Area occupied by the Person's Permitted Use and generates more than twenty
percent (20%) but less than fifty percent (50%) of the revenues of the Person's Permitted
Use.
Industrial Gas Manufacturing shall mean the separation of the constituents of air
into liquid or gaseous form for storage, transport, or cylinder filling, and the distribution
and sale of those products, as well as other related welding gases.
Industry''or Industrial Use shall mean the manufacture or production of any
saleable article, substance, or commodity, so long as the process adds substantial value to
Oj
the article, substance, or commodity, and shall not include tasks primarily consisting of
collecting, sorting, shipping, distributing, or inspecting goods from or in a warehouse or
terminal. Industrial Use includes uses ancillary to the manufacturing or production
process, such as storage, use, generation, and disposal of hazardous materials (as defined
in federal and state laws and regulations) incidental to a manufacturing or production
process; recycling incidental to a manufacturing or production process; and use of space
for Ancillary Use.
Sec. 26.2.7. Definitions (J-K).
Junk or Salvage Business shall mean an auto wrecker or any business dealing in,
selling, distributing, or buying for resale scrap materials (that is, used or waste materials)
that require processing or recycling to be useful, including, without limitation, metal,
cloth, paper, glass, wood, cardboard, plastics, or comparable matter, including used
consumer products, but shall not include a yard ancillary to an Industrial Use. Junk or
Salvage Business shall not include a business that processes or recycles the scrap
materials on -site as a Recycling Facility.
Sec. 26.2.8. Definitions (L).
Landscaping shall mean an area devoted to the growing of plants, including trees,
shrubs, grasses, or groundcovers for the visual or aesthetic enjoyment of people.
Landscaping may include fountains or sculpture in a minor portion of the area.
Legal Nonconforming Building or Standards shall mean a Building or Ancillary
Structure or portion thereof which was lawfully erected or altered and maintained but
which, because of the application of this Chapter, no longer conforms to the regulations
set forth in this Ordinance applicable to the Zone or Overlay Zone in which such
Building or Ancillary Structure is located, including failure to comply with the
Development Standards or Site Planning Standards applicable to such Zone or Overlay
Zone.
Legal Nonconforming Use shall mean a use which was lawfully established and
maintained but which, because of the application of this Chapter, no longer conforms to
the regulations set forth in this Chapter applicable to the Zone or Overlay Zone in which
such use is located.
Loading Space shall mean an off-street space that is maintained for the parking of
a vehicle while loading or unloading merchandise or materials from the vehicle into a
Building located on the same Lot as the space.
Lot shall mean a quantity or parcel of land in the possession of, or owned by, or
recorded as the property of the same claimant or Person, and that is:
10
(a) A parcel of real property when shown as a delineated parcel of land with a
number or other designation on a tract or plat map recorded in the office of
the County Recorder;
(b) A parcel of land, the dimensions and boundaries of which are defined by a
record of survey recorded pursuant to the provisions of the Subdivision
Map Act of the State in the office of the County Recorder; or
(c) A legal lot or parcel as defined in the California Subdivision Map Act.
(d) Where parcels of land in the same ownership are separately legally
described and are developed as permitted by this Code, such individual
parcels shall be considered as separate Lots, but if a covenant that ties two
or more Lots has been recorded, all of the tied Lots shall be treated as one
Lot.
Sec. 26.2.9. Definitions (M-O).
Manure Fertilizer Business shall mean a business dealing in, buying, selling,
handling, processing, or storing of manure; provided, however, that Manure Fertilizer
Business shall not mean or include: (a) the storage and drying, grinding, and grading of
manure upon the Property where the same is produced as a result of or in connection with
the operation of any business permitted in the S Overlay Zone; (b) manufacture of
chemical fertilizers; or (c) fertilizer generated from sludge.
Major Alteration or Repair shall mean a renovation, alteration, or repair for which
the hard costs charged, incurred, or paid for such renovation, alteration, or repair, over a
three year period, commencing when the permit, if required, is issued, or if no permit is
required, when the physical portion of the renovation, alteration, or repair is commenced,
equals or exceeds fifty percent (50%) of the current fair market value of all of the
Buildings located on the same Lot. For purposes of this Chapter, the cost of the
renovation, alteration, or repair shall exclude any costs incurred for environmental
investigation, testing, and remediation. For purposes of this Chapter, current fair market
value shall be determined based only on the value of the Building, and shall not include
the value of the unimproved land, any personal property or equipment, or any parking lot
or landscaping. Fair market value shall not include the cost or value of the contemplated
renovation, alteration, or repair, and shall be determined without reference to damage
caused by an event of Force Majeure, if any. If the owner and the City do not agree on
the current fair market value, the parties shall rely on a current appraisal by an
independent third party MAI appraiser having at least five (5) years' commercial real
estate appraisal experience in the Los Angeles, California metropolitan area, obtained by
the owner, at the owner's expense.
Master Plan of Streets shall mean the Master Plan of Streets of the City of
Vernon.
11
Minor Alteration or Repair shall mean a renovation, alteration, or repair for
which the hard costs charged, incurred, or paid for such renovation, alteration, or repair,
over a three year period, commencing when the permit, if required, is issued, or if no
permit is required, when the physical portion of the renovation, alteration, or repair is
commenced, does not equal or exceed fifty percent (50%) of the current fair market value
of all of the Buildings located on the same Lot. For purposes of this Chapter, the cost of
the renovation, alteration, or repair shall exclude any costs incurred for environmental
investigation, testing, and remediation. For purposes of this Chapter, current fair market
value shall be determined based only on the value of the Building, and shall not include
the value of the unimproved land, any personal property or equipment, or any parkinglot
or landscaping. Fair market value shall not include the cost or value of the contemplated
renovation, alteration, or repair, and shall be determined without reference to damage
caused by an event of Force Majeure, if any. If the owner and the City do not agree on
the current fair market value, the parties shall rely on a current appraisal by an
independent third party MAI appraiser having at least five (5) years' commercial real
estate appraisal experience in the Los Angeles, California metropolitan area, obtained by
the owner, at the owner's expense.
Motel shall mean a group of attached or detached buildings containing individual
sleeping rooms or dwelling units for temporary use (including sleeping) by persons
passing through the City.
New Construction shall mean the construction of a new Building that is not
attached to an existing Building.
Occupancy shall mean the purpose for which a Building, or part thereof, is used or
intended to be used.
Offices shall mean offices which are not Ancillary Uses, such as, but not limited
to, real estate firms, medical and professional offices, stock brokerages, and bond and
insurance firms.
Outdoor Advertising Structure shall mean any sign, logo, picture, transparency,
mechanical device, billboard, inflatable device, balloon, or other representation (whether
or not it includes words or logos) that is located off -site from the Property where the
product or service is offered and is intended to attract attention to any commodity, good,
product, or service for any business or non-profit purpose or entity. An Outdoor
Advertising Structure shall not include any such sign or other structure that directs
attention to the to the activity conducted, sold, or offered upon the Property where the
sign or other structure is located.
Outdoor Storage and Activities shall mean any use of Property for purposes of
temporary or permanent storage of raw materials, storage or display of finished products
or other materials, and including installation or storage of equipment (whether
operational in the business or not operational) that is located outside of a Building, except
for parking of cars and trucks.
12
Sec. 26.2.10. Definitions (P-Q).
Permitted Use shall mean a use that is permitted on a Lot, either by right as set
forth in this Ordinance or by means of a Conditional Use Permit or as a Legal
Nonconforming Use.
Person shall mean an individual, entity, or governmental agency other than the
City of Vernon.
Petroleum Refinery shall mean an establishment or plant primarily engaged in
producing gasoline, kerosene, distillate fuel oils; residual fuel oils, lubricants, and other
products from crude petroleum and its fractionation products through straight distillation,
redistillation, cracking, or other processes.
Petroleum -Related Use shall mean an establishment or plant for the blending or
processing of petroleum products but not including a Petroleum Refinery or Petroleum
Storage Facility. Petroleum -Related Use does not include storage of fuel as an Ancillary
Use to a Permitted Use.
Petroleum Storage Facility shall mean an establishment, including a tank farm,
for keeping and storing gasoline, kerosene, distillate fuel oils, residual fuel oils,
lubricants, and other petroleum products, but not including storage of fuel as an Ancillary
Use. Petroleum -Related Use does not include storage of fuel as an Ancillary Use to a
Permitted Use.
Property shall mean all adjacent Lots under common ownership.
Public Storage shall mean a structure or series of structures divided into small
sections and used by the general public for storage of goods or materials.
Sec. 26.2.11. Definitions (R).
Recycling Facility shall mean a facility that recycles used or waste materials in
order to convert and redistribute them as raw materials, or in order to convert them and
manufacture a product made wholly or partly from recycled materials, including a
biodiesel facility. For these purposes, recycling shall mean a process involving
reconstituting materials that would otherwise become waste and returning them to the
economic mainstream in the form of raw materials for new reuses or reconstituted
products which meet the quality standards necessary to be used'in the marketplace.
Recycling Facility does not include recycling activities undertaken as an Ancillary Use to
a Permitted Use.
Religious Use shall mean use of a Lot for religious assemblies, institutions, or
structures.
Rendering Plant shall mean an establishment where one or more of the following
items is cooked, melted down, extracted, clarified, or otherwise processed to produce oil,
13
tallow, grease, fertilizer (other than fertilizer from manure), animal feed, or ash: carcasses
of animals or fowl, dead animals or fowl, fish, blood, offal, bones, meat, animal or
vegetable fat, feathers, food scraps or waste, and other animal, fowl, or fish byproducts.
Rendering Plant shall not include an establishment exclusively producing fats, oils, lard,
or similar products for human consumption; nor, a rendering process in connection with
and incidental to a slaughterhouse, abattoir, packing plant, or similar establishment
producing food for human consumption.
Residence shall mean and include one or more rooms in a Building managed or
used as living quarters, including, without limitation: a Building or Buildings used as a
single-family dwelling or a multi -family dwelling; a Building or Buildings used as a live-
in treatment facility, substance abuse center, half -way house, or home for senior citizens,
disabled persons, homeless persons, or other residential care facilities; and dwelling units
reserved for use by a resident owner, caretaker, watchman, emergency personnel, or
maintenance personnel. Residence includes alternate forms of living accommodations
such as camping (as defined in Chapter 17, Section 16 of the Code) or living in any
vehicle, including, without limitation, a Trailer.
Retail Use shall mean the point of final sale of goods directly to customers,
including mail-order sales, including, without limitation, restaurants and coffee shops,
and shall include Adult or Sexually Oriented Businesses.
Right-of-way shall mean the planned future ultimate width of a Street as
determined by the Master Plan of Streets.
Sec. 26.2.12. Definitions (S).
Salvage Yard — see Junk or Salvage Business.
Server Farm — see Data Center.
Site Planning Standards shall mean the land use standards described in Section
26.4.1-7.
Slaughtering shall mean the industrial process of butchering animals and dressing
and preparing the products of their carcasses for food or other commercial purposes.
Sound Level shall mean the quantity in decibels measured by a sound level meter
satisfying the requirements of American National Standards Specification for Sound
Level Meters S 1.4. The sound level meter shall be set at "A" weighting and at "SLOW"
dynamic characteristic.
Street shall mean (a) any public road or street (including a highway or freeway) or
sidewalk owned or controlled by any governmental entity, or (b) any private recorded
thoroughfare that affords a means of access to an abutting Lot.
14
Sec. 26.2.13. Definitions (T).
Trailer shall mean any vehicle or structure having no foundation other than
wheels, blocks, skids, jacks, horses, or skirting, and which is, has been, or reasonably
may be equipped with wheels or other devices for transporting the structure from place to
place whether by motor power or other means. The term Trailer shall include camp car,
house car, mobile home, camper, recreational vehicle (RV), or other vehicle whose uses
may include cooking or sleeping.
Trailer Park shall mean any Lot or portion thereof used or designed to
accommodate two (2) or more Trailers used for housekeeping or sleeping or living
quarters, and such definition shall include trailer courts, mobile home courts, and mobile
home parks.
Transportation -Related Use shall mean any use that is the same or similar to a
Freight Terminal or Truck Terminal, or that supports the movement of goods or people,
such as taxi dispatch. A Transportation -Related Use shall not include a public Street or
railroad right-of-way.
Truck Terminal shall mean any Lot, Building, or part of a Building used primarily
for the storage, maintenance, or servicing of highway -type vehicles carrying persons or
property including, but not limited to, trucks and buses. Truck Terminal does not include
parking of vehicles in connection with a Permitted Use or repairing or maintaining
vehicles used in connection with a Permitted Use on the same Lot as the Permitted Use.
Sec. 26.2.14. Definitions (UN).
Variance shall mean an exception to the required Development Standards or Site
Planning Standards applicable to a Property granted by the City Council based on the
criteria and findings set forth in Section 26.6.2.
Vehicle Sales or Repair Facility shall mean a Lot or Building or part thereof used
for the sale of vehicles or for vehicle repair activities, either related to vehicle sales or
devoted exclusively to repairs.
Vibration shall mean discrete ground movement as measured by peak particle
velocity in inches per second.
Sec. 26.2.15. Definitions (W-Z).
Warehouse Use shall mean a Building or part of a Building used primarily for the
storage of saleable goods or raw materials to be incorporated into saleable goods
(including storage for distribution to other locations for wholesale or retail sale), but not
including a Cold Storage Warehouse. The storage of scrap materials shall not constitute
Warehouse Use.
15
Zone and Overlay Zone shall mean a section of the City to which regulations
governing the use, area, and size of Buildings and Ancillary Structures, and other uniform
regulations apply.
Zoning Map shall mean the Comprehensive Zoning Map of the City of Vernon, as
further described in Section 26.3.2.
Article III. Zone and Overlay Zones.
Sec. 26.3.1. Zone and Overlay Zones of the City.
. Sec. 26.3.1-1. Establishment of Zone and Overlay Zones. As a result of its
commitment to making property available for Industrial Use and to carry out the purposes
and provisions of this Chapter, the entire City of Vernon is hereby zoned for General
Industry (I Zone). All property within the City is located within the General Industry
Zone (the I Zone), and must conform to the standards of use and the Development
Standards and Site Planning Standards for the I Zone. Within the I Zone, three special
categories of Overlay Zones have been established for the purpose of allowing special
uses that are not otherwise permitted within the City. The Zone and the Overlay Zones
are designated as follows, and either the name or the symbol may be used to refer to the
General Industry Zone (the I Zone) or any of the Overlay Zones. The boundaries of each
of the Overlay Zones are set forth in detail on the Zoning Map.
I Zone is the General Industry Zone. Overlay Zones are:
C - Commercial Overlay Zone
S - Slaughtering Overlay Zone
R - Rendering Overlay Zone
Sec. 26.3.1-2. Uses Permitted of Right. It is the City's intent to provide an
acceptable location within the County of Los Angeles for Industrial Uses, including those
that may not be compatible with land use elsewhere in much of the County. As a result
of this intent and the City's pervasive industrial environment, Industrial Uses are
permitted in the I Zone and each of the Overlay Zones. Certain non -Industrial Uses are
permitted in the I Zone in accordance with Section 26.4.1-2. Certain non -Industrial Uses
may be permitted in the C, R, and S Overlay Zones, as set forth in the descriptions of the
uses permitted in those Overlay Zones.
Sec. 26.3.1-3. Uses that Require a Conditional Use Permit. All uses that are not
specifically permitted under this Chapter and are not specifically prohibited by this
Chapter require a Conditional Use Permit. J
Sec. 26.3.1-4. Prohibited Uses. Uses that are prohibited in Sections 26.4.1-1 and
26.4.1-4 and 26.4.1-5 shall not be permitted in any Zone or Overlay Zone and shall not be
eligible for a Conditional Use Permit in any Zone or Overlay Zone.
16
Sec. 26.3.1-5. Determination of Category of Use. The Director of Community
Services shall have the authority to determine if a proposed use is substantially similar to
a use that is permitted of right and may therefore be located in the City or in a particular
Overlay Zone. If the Director of Community Services determines that a use is not
permitted of right, the owner or applicant shall have the right to apply for a Conditional
Use Permit in accordance with Section 26.6.3.
Sec. 26.3.1-6. Legal Nonconforming Uses. Notwithstanding the terms of this
Ordinance, uses that were in existence and permitted of right or by use of a Conditional
Use Permit prior to the effective date of this Ordinance shall be permitted to remain on
the Lot on which they are currently located, as Legal Nonconforming Uses in accordance
with the terms of Section 26.5.3 and in accordance with their existing Conditional Use
Permit, if applicable.
Sec. 26.3.2. Comprehensive Zoning Map.
A part of this Chapter is a Map that shows the location and boundaries of the
various Overlay Zones established by this Chapter. This Map shall be known, cited, and
referred to as the "Comprehensive Zoning Map of the City of Vernon" and may be
referred to in this Chapter as the Zoning Map. Said Zoning Map, together with all
notations, references, and other information shown thereon, is the official zoning map of
the City of Vernon and shall be as much a part of this Chapter as if the matters and
information set forth by said Zoning Map were all fully described herein. Copies of the
Zoning Map are on file with the Department of Community Services and are available on
request. In the event of a conflict between the terms of this Chapter and the Zoning Map, '
the terms of this Chapter shall control.
Sec. 26.3.3. Uncertainty as to Overlay Zone Boundaries.
Where uncertainty exists with respect to the boundaries of any of the Overlay
Zones, as shown on the Zoning Map, the determination of the City Council as to the
location thereof shall be final and conclusive. Any decision regarding the boundaries of
an Overlay Zone shall follow the then existing Lot lines.
Sec. 26.3.4. Keeping of Zoning Map.
The City Clerk shall keep a true and correct copy of the current Zoning Map at his
or her office in the City Hall of the City. At the end of each calendar year, or more often
at the direction of the City Clerk, said Zoning Map shall be revised to reflect all
Amendments to this Chapter or the Zoning Map.
17
Article IV. Zones, Permitted Uses, Development Standards, and Site Planning
Standards.
Sec. 26.4.1. General Industry (I) Zone.
Sec. 26.4.1-1. Purpose and Intent. The General Industry (I) Zone is intended to
provide for the orderly development and operation of most types of Industrial Use and to
promote the concentration of such uses in a manner that will foster mutually beneficial
relationships with each other. The regulation of uses and establishment of Development
Standards and Site Planning Standards set forth in the I Zone are those deemed necessary
to promote the orderly operation and efficient functioning of the City. The right to use
and maintain Legal Nonconforming Uses and Legal Nonconforming Building and
Standards in the I Zone and all Overlay Zones are governed by Section 26.5.3.
Commercial Use, Retail Use, and Religious Use are permitted only in the C Overlay
Zone, Rendering Plants are permitted only in the R Overlay Zone, and Slaughtering is
permitted only in the S Overlay Zone, and these uses are not permitted in other areas of
the I Zone, and are not eligible for a Conditional Use Permit in other areas of the I Zone,
even if they are less intensive uses than the Permitted Uses within the I Zone or an
Overlay Zone. Uses that are prohibited under this Chapter, even if less intensive than the
Permitted Uses, shall not be permitted in the I Zone or any Overlay Zone. Religious Use
shall not include the right of any Person to use any portion of any Property as a
Residence. Determination of whether uses fit within the definition of those uses that are
permitted of right shall be in the discretion of the Director of Community Services, as
further described in Section 26.3.1-5.
Sec. 26.4.1-2. Uses Permitted of Right. The following uses of Buildings and land
are permitted of right in the I Zone and all such uses shall be subject to the Development
Standards of Section 26.4.1-6 and the Site Planning Standards of Section 26.4.1-7.
(a) Industrial Use.
(b) Data Centers.
(c) Cold Storage Warehouses.
(d) Industrial Gas Manufacturing.
(e) Warehouse Use (other than Cold Storage Warehouses).
(f) Ancillary Use. Each occupant or user on the Property and each tenant in a
multi -tenant Building shall be permitted to dedicate a portion of that Person's space to an
Ancillary Use in connection with that Person's Permitted Use, if the following criteria are
satisfied:
(1) The Permitted Use for such Person is that Person's majority use;
18
(2) The Ancillary Use is located upon the same Lot as that Person's
Permitted Use.
(3) The Ancillary Use is used solely and exclusively by the Person for
that Person's Permitted Use.
(4) Ancillary Use includes offices and showrooms ancillary to the
Permitted Use, but does not include the right to sell at retail.
Ancillary Use does not include Outdoor Storage and Activities.
(g) Any activity or use undertaken by the City.
Sec. 26.4.1-3. Uses That May Be Permitted by Conditional Use Permit. Uses
that are not specifically permitted pursuant to Section 26.4.1-2 and are not specifically
prohibited by Section 26.4.1-1 or Section 26.4.1-4 or Section 26.4.1-5 may be permitted
in the I Zone only with a Conditional Use Permit. Without limiting the generality of the
foregoing, the following uses require a Conditional Use Permit:
(a) Refineries.
(b) Generating facilities, power plants, cogeneration facilities.
(c) Hazardous waste facilities.
(d) Trash to energy facilities.
(e) Petroleum Related Uses, Petroleum Storage Facilities.
(f) Recycling Facilities.
(g) Telecommunications antenna and cell towers.
(h) Public utilities.
(i) Urgent care facilities.
0) Incidental Use. Each occupant or user on the Property and each tenant in a
multi -tenant Building shall be permitted to dedicate a portion of that Person's space to an
Incidental Use in connection with that Person's Permitted Use, if the following criteria
are satisfied:
(1) The Permitted Use for such Person is that Person's majority use;
(2) The Incidental Use is located upon the same Lot as that Person's
Permitted Use.
19
(3) Incidental Use includes offices and showrooms ancillary to the
Permitted Use, but does not include the right to sell at retail.
Incidental Use does not include Outdoor Storage and Activities.
Any uses permitted in the I Zone by a Conditional Use Permit shall be subject to the
Development Standards of Section 26.4.1-6 and the Site Planning Standards of Section
26.4.1-7. The City Council may impose as part of the Conditional Use Permit any other
requirements as are reasonably necessary to protect adjacent users from traffic, noise,
odor, dust, and similar concerns.
Sec. 26.4.1-4. Uses That Are Prohibited or Limited. No Motel, Hotel, Trailer, or
Trailer Park is permitted in any Zone or Overlay Zone. The provisions of this Section do
not apply to portable units which (a) have been acknowledged in writing by the owner or
user to be units that are to be used temporarily and solely in connection with a
construction project on the same Lot by persons who have a separate existing, permanent
Residence, (b) have received written approval from the Director of Community Services
for such temporary usage, and (c) are not used for bathing or sleeping. The provisions of
this Section do not apply to Trailers used solely to move goods.
Sec. 26.4.1-5. Uses That May Constitute Legal Nonconforming Use. The
following use are not permitted in any Zone or Overlay Zone, except that any such use
that is existing as of the effective date of this Ordinance may be maintained as a Legal
Nonconforming Use, subject to the terms of Section 26.5.3.
(a) Residences;
(b) Community Facilities;
(c) Bars;
(d) Junk or Salvage Business;
(e) Public Storage (including mini -storage) facilities;
(f) Freight Terminals, Truck Terminals, Transportation -Related Use;
(g) Manure Fertilizer Business;
(h) Contractor's Yard.
Sec. 26.4.1-6. Development Standards. The following development and
performance standards (Development Standards) apply to all Buildings, Ancillary
Structures, land, and businesses in the I Zone.
(a) All Buildings, Ancillary Structures, land, uses, and businesses in the I Zone
must comply with the following Development Standards at all times.
20
(1) Fire and Explosion Hazards. All storage of, and activities
involving, hazardous, flammable, or explosive materials shall be
provided with adequate safety devices against the hazard of fire and
explosion and with adequate fire -fighting and fire -suppression
equipment and devices that meet the standards and requirements of
the Vernon Fire Department, as such standards and requirements
may change from time to time.
(2) Radioactivity and Electrical Disturbances.
(i) Except with the prior approval of the City Council as to
specific uses, the use of radioactive materials within any Zone
or Overlay Zone shall be limited to measuring, gauging, and
calibration devices, and tracer elements in X-ray and like
apparatus. In no event shall radioactivity, when measured at
any point along any Lot line, be in excess of two and seven -
tenths (2.7) by ten (10) to the eleventh (11 th) power
microcuries per milliliter of air at any moment of time.
(ii) Radio and television and other telecommunications
transmitters shall be operated at the regularly assigned
wavelengths (or within the authorized tolerances therefor) as
assigned thereto by the appropriate governmental agency. All
electrical and electronic devices and equipment shall be
suitably wired, shielded, and controlled so that in operation
they shall not, beyond any point along any Lot line, emit any
electrical impulse or wave which will adversely affect the
operation and control of any other electrical or electronic
device or equipment.
(3) Outdoor Storage and Activities. Outdoor Storage and Activities
(other than off-street parking and loading, which are governed by
Section 26.5.1) are permitted only in compliance with the following
requirements:
(i) No materials or wastes may be deposited on a Lot in such
form or manner that they may be transferred off the Lot by
natural causes or forces.
(ii) Wastes which might cause fumes or dust, which constitute a
fire hazard, or which may be edible by or otherwise attractive
to rodents or insects shall be stored only in closed containers
in required enclosures.
Outdoor Storage and Activities of all materials, products, and
inoperative equipment shall be screened or otherwise hidden
21
so as not to be visible from the Street; however, the screen
need not exceed eight (8) feet from grade level. Operational
equipment used in the business located on the Lot is not
required to be screened.
(iv) No Outdoor Storage and Activities are permitted on any area
of a Lot that is required to be available for fire department
access, as such access requirements are set forth in the Code.
(v) Outdoor Storage and Activities (including operational
equipment used in the business located on the Lot) may not
be commenced after the effective date of this Ordinance if
such usage would result in either (a) a reduction of the
required parking, loading, or maneuvering standards set forth
in this Chapter, or (b) a reduction in the existing parking,
loading, or maneuvering areas, if the existing areas for such
purposes are legally nonconforming. Outdoor Storage and
Activities existing as of the effective date of this Ordinance
that violate these provisions may be continued as a legally
nonconforming usage for the period described in Section
26.5.3-2(e).
(4) Weed and Debris Abatement. All landscaped areas (on the
Property, as well as contiguous planted areas within the public
Right-of-way) shall be kept free from weeds, overgrown grass and
shrubbery, and debris. Any diseased, dead, damaged, or decaying
plant materials shall be removed.
(5) No Vehicular Encroachment. No vehicle (including a truck trailer)
when parked or stopped on a Lot shall extend into the Right-of-way.
(b) All Buildings, Ancillary Structures, land, and businesses in the I Zone must
comply with the following Development Standards upon a Change of Use or upon the
occurrence of an event described in Table 26.5.3-3 that requires compliance with the
Development Standards.
(1) Vibration. Upon a Change of Use or the occurrence of an event
described in Table 26.5.3-3 that requires compliance with the
Development Standards, all of the businesses located on the Lot
shall be operated so that, cumulatively with existing Vibrations of all
new and existing equipment of all businesses on the Lot, the steady
ground Vibration inherently and recurrently generated shall not
exceed four hundredths of one inch (0.04) per second particle
velocity when measured at any point along the Lot line of the Lot on
which the source of the Vibration is located. The cumulative effect
of Vibrations in excess of four hundredths (0.04) of one inch
22
measured at any point along the Lot line on which the source of the
Vibration is located shall be permitted only with a Conditional Use
Permit.
(2) Noise. Upon a Change of Use or the occurrence of an event
described in Table 26.5.3-3 that requires compliance with the
Development Standards, all of the businesses located on the Lot
shall be operated in compliance with the following noise standards.
(i) The following noise standards, unless otherwise specifically
indicated, shall apply to all Lots within the designated noise
zones, measured cumulatively with existing noise from all
businesses on the Lot.
NOISE ZONE
TIME
INTERVAL
ALLOWABLE
EXTERIOR NOISE
Lots located within one
10:00 pm to 7:00
60 dBA
tenth (1/10) of a mile of
am
any resident or school
located in Vernon or
abutting communities.
65 dBA
7:00 am to 10:00
pm
All other Lots
Any time
75 dBA
(ii) No Person, in any location within the City, shall create any
noise, or allow the creation of noise, on any Lot owned,
leased, occupied or otherwise controlled by such Person
which causes the cumulative noise level when measured at
any point along the Lot line of the Lot on which the source of
the noise is located to exceed:
(A) The applicable noise standard for a cumulative period
of more than thirty (30) minutes in any hour; or
(B) The applicable noise standard plus five (5) dBA for a
cumulative period of more than fifteen (15) minutes in
any one hour; or
(C) The applicable noise standard plus ten (10) dBA for a
cumulative period of more than five (5) minutes in any
hour; or
(D) The applicable noise standard plus fifteen (15) dBA
for a cumulative period of more than one (1) minute in
any hour; or
23
(iii) In the event the ambient noise level exceeds any of the noise
limit categories set forth in subsections (A), (B), or (C) of
subsection 2(ii) of this Section, the cumulative period
applicable to such category shall be increased to reflect the
ambient noise level, plus 5 dBA.
(iv) If a Lot is located on a boundary between two (2) different
noise zones, the noise level standard applicable to the quieter
noise zone shall apply.
(v) If the noise source is continuous and cannot reasonably be
discontinued or stopped for a time period whereby the
ambient noise level can be determined, the measured noise
level obtained while the source is in operation shall be
compared directly to the Lot's designated noise zone for the
time of day the noise level is measured.
(vi) Any noise source in excess of the standards set forth herein
shall be permitted only with a Conditional Use Permit.
(3) Water Usage. Upon a Change of Use or the occurrence of an event
described in Table 26.5.3-3 that requires compliance with the
Development Standards, no aggregated usage of water on a Lot shall
exceed 500 acre feet per year except with a Conditional Use Permit.
(4) Truck Emissions. Upon a Change of Use or the occurrence of an
event described in Table 26.5.3-3 that requires compliance with the
Development Standards, no truck is permitted to idle for more than
five minutes while parked or queued on the Lot. At warehouse and
industrial Lots receiving refrigerated trailers, electrical receptacles
shall be installed so that the trailer's refrigeration unit may be
plugged in when parked at the loading dock.
Seca 26.4.1-7. Site Planning Standards. The following Site Planning Standards
shall apply to all Buildings, Ancillary Structures, land, and businesses in the I Zone.
Legal Nonconforming Uses and Legal Nonconforming Buildings or Standards are
required to comply with the Site Planning Standards at the time of the occurrence of an
event described in Table 26.5.3-3 that requires compliance with the Site Planning
Standards.
(a) Building Intensity. The total gross Floor Area of all Buildings on any Lot
shall not exceed a Floor Area Ratio (FAR) of 2:1.
(b) Off -Street Parking and Loading. Off-street parking and loading facilities
shall be provided in accordance with the provisions of Section 26.5.1.
24
(c) Building Setback. Where a Lot or parcel of land in any Zone or Overlay
Zone abuts a Street with a planned future ultimate width as shown on the Master Plan of
Streets greater than the existing Street, every Building on such Lot or parcel shall be set
back not less than fifteen (15) feet from the curb face, as shown on the Master Plan of
Streets.
(d) Ancillary Structure Setback. Where a Lot or parcel of land in any Zone or
Overlay Zone abuts a Street with a planned future ultimate width as shown on the Master
Plan of Streets greater than the existing Street, every Ancillary Structure on such Lot or
parcel shall be set back as follows: (1) if the Ancillary Structure is equal to or greater
than twenty (20) feet in height, it shall be set back not less than fifteen (15) feet from the
curb face, as shown on the Master Plan of Streets; and (2) if the Ancillary Structure is
less than twenty (20) feet in height, it shall be set back a distance equal to one-half (1/2)
the planned future ultimate width of the Street, in accordance with the Master Plan of
Streets, measured from the center of the Street, and shall also be set back a distance of 30
(thirty) feet from any curb cut for a driveway. The Director of Community Services shall
designate the distance from the center of the Street in any case in which the planned
future ultimate width of a Street is not specified or a Street is not symmetrical.
(e) No Encroachment. Except as otherwise provided in Section 22.32 of the
Code, no Building or Ancillary Structure shall encroach into the planned future ultimate
width of a Street.
(f) Barriers. Where parking, loading, or maneuvering areas adjoin a Street or
Streets, a twelve (12) gauge wrought iron fence not less than eight (8) feet high, a
masonry or concrete wall not less than thirty (30") inches in height, or a landscaped area
a minimum of four (4) feet in width measured from the property line, or an equivalent
protective device as approved by the Director of Community Services, shall be
established along such full frontage, except at driveways, walkways, or other openings
where such are necessary. Where a barrier or a landscaped area adjoins a driveway, a
ten -inch (10") concrete -filled steel pipe or equivalent protective device shall be installed
on driveways used for trucks, and an eight inch (8") concrete filled steel pipe or
equivalent protective device shall be installed on driveways used exclusively by
automobiles.
(g) Minimum Lot Size. No Lot shall be established for any use in the I Zone
unless the Lot is at least one acre in size and complies with Section 28.28 of the Code.
Sec. 26.4.2. Commercial (C) Overlay Zone.
Sec. 26.4.2-1. Purpose and Intent. The purpose of the Commercial (C) Overlay
Zone is to accommodate at limited and specific areas of the City those commercial,.
service, and business operations that are necessary to support Industrial Use and which,
by their nature, do not generate excessive traffic or other external effects inappropriate to
industrial areas, and are designed appropriately for meeting the needs of the businesses
and their employees and residents in the City. The regulation of uses and establishment
25
of Development Standards and Site Planning Standards set forth in the C Overlay Zone
are those deemed necessary to promote the orderly operation and efficient functioning of
the City.
Sec. 26.4.2-2. Uses Permitted of Right. Uses permitted of right in the I Zone are
permitted of right in the C Overlay Zone, and all such uses shall be subject to the
Development Standards of Section 26.4.1-6 and the Site Planning Standards of Section
26.4.1-7.
Sec. 26.4.2-3. Uses That May Be Permitted by Conditional Use Permit. The
uses set forth in this Section 26.4.2-3 may be permitted in the C Overlay Zone only with
a Conditional Use Permit. Any uses permitted in the C Overlay Zone by a Conditional
Use Permit shall be subject to the Development Standards of Section 26.4.1-6 and the
Site Planning Standards of Section 26.4.1-7.
(a) Retail Use (including Adult or Sexually Oriented Business, in conformity
with the terms of Article VII).
(b) Commercial Use (including Adult or Sexually Oriented Business, in
conformity with the terms of Article VII).
(c) Religious Use (which shall not include any use as a Residence, as no new
use as a Residence is permitted in the City).
(d) All uses permitted in the I Zone with a Conditional Use Permit.
Sec. 26.4.2-4. Development Standards and Site Planning Standards.
(a) The Development Standards of Section 26.4.1-6 and the Site Planning
Standards of Section 26.4.1-7 shall apply to all Buildings, Ancillary Structures, land, and
uses in the C Overlay Zone.
(b) The front Building setback of all Retail Uses, Commercial Uses, and
Religious Uses shall be located not more than one hundred (100) feet from either Santa
Fe Avenue or Soto Street, as applicable.
(c) The total square footage of a Retail Use, Commercial Use, or Religious
Use, or any combination, of such uses, shall not exceed 20,000 square feet on a Lot. The
intent of this provision is to ensure that new Commercial Use and Retail Use is designed
solely to serve the needs of the City's businesses, employees of the businesses located in
the City, and residents of the City.
(d) No Outdoor Storage or Activities are permitted. All activities and
operations shall be conducted within a completely enclosed Building except for parking
and loading activities.
26
(e) All parcels and Lots located in the C Overlay Zone shall dedicate a
minimum of one percent (1%) of the gross square footage of the Lot to irrigated
Landscaping that is visible from the Street.
(f) The City Council may impose as part of the Conditional Use Permit any
other requirements as are reasonably necessary to protect nearby owners and occupants
from traffic, noise, odor, dust, and similar concerns.
Sec. 26.4.3. Slaughtering (S) Overlay Zone.
Sec. 26.4.3-1. Purpose and Intent. The purpose of the Slaughtering (S) Overlay
Zone is to permit the Slaughtering of animals at limited and specific locations, with such
land use controls as will adequately accommodate their specialized operations and will
minimize traffic, noise, vibration, dust, odors, smoke, or risk of disease that is obnoxious
to or interferes with the operation of other uses in the I Zone and the other Overlay
Zones. The provisions of this S Overlay Zone are intended to ensure that the City will
function safely and efficiently and provide an attractive industrial environment.
Sec. 26.4.3-2. Uses Permitted of Right. Uses permitted of right in the I Zone are
permitted of right in the S Overlay Zone, and all such uses shall be subject to the
Development Standards of Section 26.4.1-6 and the Site Planning Standards of Section
26.4.1-7.
Sec. 26.4.3-3. Uses That May Be Permitted by Conditional Use Permit. The
uses set forth in this Section 26.4.3-3 may be permitted in the S Overlay Zone only with a
Conditional Use Permit. Any uses permitted in the S Overlay Zone by a Conditional Use
Permit shall be subject to the Development Standards of Section 26.4.1-6 and the Site
Planning Standards of Section 26.4.1-7.
(a) All uses permitted in the I Zone with a Conditional Use Permit are also
permitted in the S Overlay Zone with a Conditional Use Permit.
(b) Lots encompassing one acre or more of area may be used for the
Slaughtering of animals.
Sec. 26.4.3-4. Development Standards and Site Planning Standards.
(a) The Development Standards of Section 26.4.1-6 and the Site Planning
Standards of Section 26.4.1-7 shall apply to all Buildings, Ancillary Structures, land, and
uses in the S Overlay Zone.
(b) The City Council may impose as a part of the Conditional Use Permit any
other requirements as are necessary to protect nearby owners and occupants from the
traffic, noise, odor, dust, vibration, risk of infection or disease, and similar concerns.
27
Sec. 26.4.4. Rendering (R) Overlay Zone.
Sec. 26.4.4-1. Purpose and Intent. The purpose of the Rendering (R) Overlay
Zone is to allow for Rendering Plants at limited and specific locations, with such land use
controls as will adequately accommodate their specialized operations and will minimize
traffic, noise, vibration, dust, odors, smoke, or risk of disease that is obnoxious to or
interferes with the operation of other uses in the I Zone and the other Overlay Zones. The
provisions of the R Overlay Zone are intended to ensure that the City will function safely
and efficiently and provide an attractive industrial environment.
Sec. 26.4.4-2. Uses Permitted of Right. Uses permitted of right in the I Zone are
permitted of right in the R Overlay Zone, and all such uses shall be subject to the
Development Standards of Section 26.4.1-6 and the Site Planning Standards of Section
26.4.1-7.
Plant.
Sec. 26.4.4-3. Uses That May Be Permitted by Conditional Use Permit.
(a) All uses permitted in the I Zone with a Conditional Use Permit are also
permitted in the R Overlay Zone with a Conditional Use Permit.
(b) Lots encompassing one acre or more of area may be used for a Rendering
Sec. 26.4.4-4. Development Standards and Site Planning Standards.
(a) The Development Standards of Section 26.4.1-6 and the Site Planning
Standards of Section 26.4.1-7 shall apply to all Buildings, Ancillary Structures, land, and
uses in the R Overlay Zone.
(b) The City Council may impose as a part of the Conditional Use Permit any
other requirements as are necessary to protect nearby owners and occupants from the
traffic, noise, odor, dust, vibration, risk of infection or disease, and similar concerns.
Article V. Regulations Applicable to the I Zone and Overlay Zones.
Sec. 26.5.1. Off -Street Parking and Loading Facilities.
Sec. 26.5.1-1. Interpretation. The provisions of this Section establish minimum
requirements for the promotion of the public health, safety, comfort, convenience, and
general welfare, and shall not be deemed or construed to prohibit the City Council, in
granting or approving a Conditional Use Permit or Variance, from requiring additional
parking or loading facilities for a particular use.
Sec. 26.5.1-2. Consideration of Fractional Remainders. Where calculation of
the number of spaces required results in a fractional number, any fraction shall be
rounded to the next higher whole number.
Sec. 26.5.1-3. Parking in Buildings. Where required parking or Loading Space
computations are based on Floor Area, floor space devoted to parking or loading within a
Building shall not be included in the Floor Area portion of the computation.
Sec. 26.5.1-4. Multiple Uses. In the case of mixed uses in a Building or on a Lot,
the total required number of off-street parking and loading spaces and maneuvering
capacity shall be the sum of the requirements for the various uses.
Sec. 26.5.1-5. No Loss of Minimum Required Space or Maneuvering Capacity.
Existing parking, maneuvering, and loading facilities on a Lot or parcel may not be
reduced or removed below the required minimum (or below the now existing number of
spaces or maneuvering capacity, if the existing number of spaces or maneuvering
capacity is below the required minimum) unless substitute spaces or maneuvering
capacity are provided.
Sec. 26.5.1-6. Parking, Maneuvering, and Loading Development Standards.
Parking, maneuvering, and loading capacities for any Building shall comply with the
minimum standards set forth in this Section 26.5.1, except that existing parking,
maneuvering, and loading capacities are not required to be brought into compliance with
these standards until the occurrence of an event described in Table 26.5.3-3. If a use
requires a Conditional Use Permit, the Director of Community Services shall recommend
the minimum number of parking spaces and the minimum loading and maneuvering
requirements for the requested use during the Conditional Use Permit process, based on
the information and analysis provided as part of the Conditional Use Permit application
process. The Director of Community Services shall notify the City Council of the
recommendation. With the concurrence of the City Council, the Director of Community
Services shall utilize the recommended minimum parking and loading and maneuvering
requirements as the standard for that and similar uses. Such determination of required
number of parking spaces and loading and maneuvering requirements shall be recorded
as specified in Section 26.6.5.
(a) Minimum Automobile Parking Requirements. Adequate off-street
parking, loading, and maneuvering space shall be provided for each use or development
on a Lot, or for each Building on a Lot, to accommodate all automobiles or similar
vehicles of the employees, consultants, agents, buyers, vendors, salesmen, visitors, and
other persons normally transacting business at such enterprise or Building. Table 26.5.1-
6(a) sets forth the minimum number of required automobile parking spaces.
SEE TABLE 26.5.1-6(a) ON NEXT PAGE
29
TABLE 26.5.1-6(a)
MINIMUM REQUIRED AUTOMOBILE PARKING SPACES
USE TYPE
Industrial Use, Warehouse Use, Industrial
Gas Manufacturing
Cold Storage Warehouses
Data Centers
REQUIRED SPACES
One (1) space per 1,000 square feet of
gross Floor Area
One (1) space per 1,000 square feet of
gross Floor Area for the first 50,000 square
feet, and one (1) space per 5,000 square
feet of gross Floor Area above 50,000
square feet
One (1) space per 1,250 square feet of
Gross Floor Area
(b) Minimum Truck Loading Requirements. All Buildings and uses shall
provide adequate off-street Loading Spaces and areas to accommodate trucks being
loaded, unloaded, or waiting to be loaded or unloaded in accordance with the following
standards. Truck Loading Spaces in excess of the required number may be counted as
required parking spaces. Table 26.5.1-6(b) sets forth the minimum truck loading spaces.
TABLE 26.5.1-6(b)
MINIMUM REQUIRED TRUCK LOADING SPACES
USE TYPE
Industrial Use, Warehouse Use, Industrial
Gas Manufacturing
Cold Storage Warehouses
Data Centers
REQUIRED SPACES
One (1) space per 10,000 square feet of
gross Floor Area
One (1) space per 7,500 square feet of
gross floor area
One (1) space per 50,000 square feet of
gross floor area
T1
(c) Minimum Truck Parking Requirements. All Buildings and uses shall
provide adequate parking space for all trucks, regardless of size. Table 26.5.1-6(c) sets
forth the minimum number of required automobile parking spaces.
TABLE 26.5.1-6(c)
MINIMUM REQUIRED TRUCK PARKING SPACES
USE TYPE
Industrial Use, Cold Storage Warehouses,
Warehouse Use, Industrial Gas
Manufacturing
REQUIRED SPACES
One (1) space per 25,000 square feet of
gross Floor Area for the first 100,000
square feet and one (1) space per 100,000
square feet of gross Floor Area above
100,000 square feet
Data Centers One (1) space per vehicle based at the Lot
and stored at the Lot when not in use
(d) Location. Required parking facilities may be located on the Lot as the use
or Occupancy for which the parking is being provided or may be provided on a separate
Lot. If provided on a separate Lot, a covenant shall be recorded restricting all or a
portion of the use of the separate Lot to parking use for the benefit of the use requiring
the parking, and evidence shall be filed with the City of Vernon assuring the required
number of spaces on such parcel have been set aside and will be maintained for parking
purposes in connection with the particular use or Occupancy requiring the parking so
long as such use or Occupancy exists. The main entrance of the parking facility located
on a separate Lot shall be within fifteen hundred (1,500) feet, measured along the Street
from the property line of the Lot on which the parking is located to the front door of the
Building in which the principal use of the Lot is conducted.
(e) Parking Requirement for Spaces for the Disabled. The determination of
the required number of parking spaces for use by the disabled shall be based on the
greater of (1) the minimum number of required automobile parking spaces, as set forth in
Table 26.5.1-6(a), or (2) the actual number of parking spaces provided (including both on
the Lot and spaces located off the Lot that are provided for the business). All parking
spaces for the disabled shall be located on the same Lot as the use or Occupancy for
which the parking is provided, and the number of spaces required and the dimensions
thereof shall be provided as required by State law.
31
(f) Size. The minimum size of all parking and Loading Spaces shall be as set
forth in Table 26.5.1-6(f).
TABLE 26.5.1-6(f)
PARKING AND LOADING SPACE MINIMUM DIMENSIONS
Width Length Minimum
Vertical
Clearance
Automobile Parking Space
Truck Parking Space
Truck Loading Space
If only one truck Loading
Space is required
8.5 ft.
19 ft.
7 ft.
10 ft.
75 ft.
15 ft.
10 ft.
75 ft.
15 ft.
15 ft.
75 ft.
15 ft.
Any automobile parking stall adjoining a Building or Ancillary Structure shall be
provided with two (2) additional feet of width to provide sufficient space to open the door
of the vehicle.
Unobstructed truck maneuvering space shall be fifty (50) feet, as illustrated by Diagram
26.5.1-6(f).
SEE DIAGRAM 26.5.1-6(f) ON NEXT PAGE
32
DIAGRAM 26.5.1-6(f)
r ------ .._....
I
IUCK MANUEVERING SPACE
SKUL Ent" �'kF Y4f�li4Y' "f!'YS fi-k •+�4K� li`re�"e THE
QIV � ilk $5 ��
IK ISO ' ,',. V 'ids: A91K.
XM IN 4
DiRMN � -, �I d fi`�i MAy�r���_q�'S
,IRG 1101 �7�'k DIMI � F�Yw�fyn.3'b�"'i3'
MW fir M161iM
it
M
-Tatum,
(g) Loading Equipment. Loading equipment may extend into the fifteen (15)
foot vertical clearance area described in Section 26.5.1-6(f) above when required by
specialized loading operations, if the Director of Community Services determines such
intrusion will not be contrary to the intent of this Section and approves such intrusion.
(h) Parking Lot Dimensions. Minimum dimensions for automobile parking
lots shall be as follows:
Aisle Width —
Aisle Width —
Angle
Stall Width
One Way
Two -Way
(Degrees)
(Measured Perpendicularly)
45
20 ft.
15 ft.
20 ft.
60
21 ft.
21 ft.
21 ft.
90
19 ft.
27 ft.
27 ft.
Parallel parking stalls located adjacent to a maneuvering or access aisle shall have
minimum dimensions of 8.5 feet wide by 25 feet long.
33
(i) Access. Easily accessible and adequate ingress and egress shall be
provided to all parking and loading facilities. Sufficient driveways, maneuvering, and
turn -around areas shall be provided on the Lot to allow for safe and unobstructed front
entry onto the Lot. All vehicles, including trucks, using the parking or loading facilities
shall enter or leave the Street in a front forward manner without backing onto the Street
or backing into the Lot. A minimum of fifty (50) feet of unobstructed maneuvering space
shall be maintained for all required truck parking and Loading Spaces, as shown in
Diagram 26.5.1-6(f). An aisle shall not be narrowed at a rate greater than 2.5 to 1 to
achieve a minimum width as shown in Diagram 26.5.1-6 (i).
DIAGRAM 26.5.1-6(i)
NARROWING OF DRIVE AISLEE
Ofm se A"M TM
UMAM"Ifir— We
' M_ rr Is TM NNNN
NIM AW
Minimum required aisle widths shall be as follows:
Width Height
One-way aisle 15 ft. 15 ft.
Two-way aisle 20 ft. 15 ft.
34
0) Curb Cuts. No curb cut for a driveway or aisle or any portion providing
vehicular access to the Lot shall be permitted within any portion of any curb return, nor
within seventy-five (75) feet of the point of tangency of any curb return for a driveway
used by trucks, nor within forty-five (45) feet of the point of tangency of any curb return
for a driveway used exclusively by automobiles, as shown in Diagram 26.5.1-60).
DIAGRAM 26.5.1-6Q)
(k) Driveway Entrance. The minimum driveway entrance width for truck
access shall be forty (40) feet, and the minimum driveway entrance width for automobile
access shall be twenty-five (25) feet. All driveways shall be constructed in accordance
with City standards. Any legally nonconforming driveway entrance width less than forty
(40) feet in width shall have a conspicuous sign posted advising drivers that use of the
driveway for ingress or egress by trucks is prohibited. The size and location of the sign
shall be subject to the approval of the Director of Community Services.
(1) Markings. All required parking and Loading Spaces and facilities shall be
clearly and adequately marked with permanent durable and easily distinguishable
materials. All one-way drives, entrances, and exits shall be clearly and permanently
35
marked. Such signs and markings shall be maintained and shall be visible to drivers of
vehicles using the parking facility.
(m) Paving. All parking and loading facilities shall be paved with asphalt or
concrete and shall provide for adequate drainage. Drainage to the Street shall be treated
in compliance with the City's discharge and treatment requirements prior to being
released to the Street or storm drain system.
(n) Maintenance. All parking and loading areas shall be kept clean and free of
debris, dust, mud, and trash. Parking areas shall be used only for the purpose of parking
vehicles. Where Landscaping is provided within or along any parking area, such areas
shall be maintained and provided with permanent underground, automated irrigation
systems. Striping, marking, direction signs, lighting, screening and all other
improvements required by this Section shall be adequately maintained.
Sec. 26.5.2. Street Dedication and Fee for Improvements.
In connection with the issuance of a building or other permit, Conditional Use
Permit, or Variance, the Director of Community Services may require that the owner of a
Lot or parcel of land that adjoins a Street with a planned future ultimate width as shown
on the Master Plan of Streets greater than the existing Street dedicate a portion of the land
for a Right-of-way or make or pay for related street improvements, or both.
Sec. 26.5.3. Legal Nonconforming Status.
Within the I Zone and Overlay Zones established by this Chapter, uses, Buildings,
Ancillary Structures, and Lots may exist that do not comply with the requirements of this
Chapter. Such non-compliance may include uses that are not permitted or are not
permitted in a particular location, or failure to comply with Development Standards or
Site Planning Standards. This Section 26.5.3 permits such legal nonconforming status to
continue only in conformity with the terms set forth in this Section 26.5.3and in Table
26.5.3-3; provided, however, that nothing set forth in this Section 26.5.3 or in Table
26.5.3-3 permits the continued violation of any Development Standard described in
Section 26.4.1-6(a) or the continued violation of any Development Standard described in
Section 26.4.1-6(b) following a Change of Use. Nonconformity with Section 26.4.1-6(a)
and 26.4.1-6(b) must be corrected or cease as set forth in those Section. Other legal
Nonconforming Uses and Legal Nonconforming Buildings or Standards are permitted to
remain, unless and until the occurrence of one of the events set forth in Table 26.5.3-3.
In the case of an event described in Table 26.5.3-3, the nonconforming status must
comply with the requirements set forth in Table 26.5.3-3. The existence of Legal
Nonconforming Buildings or Standards or the existence of a Legal Nonconforming Use
shall not be used as a basis or justification for adding other structures or uses prohibited
elsewhere in the same Zone or Overlay Zone.
36
Sec. 26.5.3-1. Restrictions on Nonconforming Buildings and Uses.
(a) There shall be no increase in the Floor Area or square footage used for
Legal Nonconforming Uses.
(b) An existing Building or a portion of an existing Building containing a
conforming use at the effective date of this Ordinance cannot be converted to a
nonconforming use.
(c) A nonconforming use shall not be converted to another nonconforming use.
(d) There shall be no decrease in the parking, loading, or maneuvering
capacities as they exist as of the date of this Ordinance if such decrease would either
make conforming capacities non -conforming or would decrease capacities of an already
non -conforming Lot.
Sec. 26.5.3-2. Expiration of Legal Nonconforming Building and Use.
(a) Compliance with the provisions set forth in Table 26.5.3-3 is required if
more than twenty-five percent (25%) of the Floor Area of a nonconforming Building is
vacant for a continuous period of at two (2) years or more.
(b) A Building or portion of a Building shall be considered vacant for purposes
of this Section when the Building or portion thereof is not legally occupied and used for
its Permitted Use. For these purposes, legally occupied means that the owner or occupant
possesses all necessary certificates and permits from the City, including, without
limitation, a Certificate of Occupancy and business license, and there is an ongoing
physical use and Occupancy for the intended purpose.
(c) The running of the two year time limit shall not be tolled (suspended)
except by the Director of Community Services under the circumstances described in
sections (1) through (5) below, and only if a delay in re -occupying a Building results
from the following circumstances: (i) the Building is undergoing repairs or renovation,
whether voluntary or as a result of Force Majeure; (ii) the owner or occupant is
investigating or testing hazardous materials, or developing a remediation plan, or
remediating or removing any hazardous material (as defined in federal and state laws and
regulations); or (iii) the owner is denied possession of or access to the Building by an
occupant or former occupant (including as a result of a court proceeding or order). The
Director of Community Services will not toll the two year time limit, except if one of the
circumstances described in clauses (i), (ii), and (iii) of this Section is applicable, and
under the following additional circumstances:
(1) Not later than sixty (60) days prior to the expiration of the two year
period of vacancy, the property owner or his authorized
37
representative must apply to the Director of Community Services for
an extension of the two year time limit.
(2) The application shall be made on a form provided by the Director of
Community Services and shall contain such information as the
Director deems necessary to render a determination.
(3) The Director of Community Services shall determine the amount of
time reasonably required to complete the work, taking into account
the reason for the delay, the size of the project, and the amount of
time typically required for completion of similar projects.
(4) The construction, renovation, or investigation and remediation must
be undertaken in a continuous and diligent manner, without delays or
work stoppages.
(5) Upon completion of the work, the time so determined by the
Director of Community Services shall be subtracted from the
calculation of the period of time a Building has been determined to
have been vacant under paragraph (a) of this Section.
(d) If an owner disputes the determination of the Director of Community
Services that at least 25% of the Floor Area of a nonconforming Building has been vacant
for a continuous period of at least two (2) years, the owner shall have the right to appeal
such decision in accordance with Section 26.6.5-5.
(e) Outdoor Activities and Storage that do not comply with the terms of
Section 26.4.1-6(a)(3)(v) constitute a legally nonconforming usage, and may be
continued to the same degree as in existence as of the effective date of this Ordinance for
a period of five (5) years from the effective date of this Ordinance, but may not be
increased during that period. Within five (5) years after the effective date of this
Ordinance, all Outdoor Storage and Activities (excluding operational equipment used in
the business located on the Lot) whose location reduces the parking, loading, or
maneuvering areas on a Lot to a number below that required pursuant to this Chapter
must be removed, in order to increase to the extent possible the available parking,
loading, and maneuvering areas on a Lot.
M.
TABLE 26.5.3-3
RIGHT TO CONTINUE NONCONFORMING USES AND BUILDINGS
EVENT THAT
TRIGGERS
COMPLIANCE
REQUIRED COMPLIANCE
DEVELOPMENT
STANDARDS
AND SITE
PLANNING
USES
STANDARDS
BUILDING CODE
Conformity
Conformity with
Conformity with
with Use
Development
Building Code
Requirements
Standards and Site
Planning Standards
(Including Parking,
Access, and
Maneuvering)
Over 25% of the Building
Uses within the
Prior to the use of
Prior to the use of the
is vacant for more than
portion of the
the portion of the
portion of the Building
Two Years
Building that
Building that was
that was vacant for
[subject to tolling
was vacant for
vacant for over two
over two years, the
permitted in Section
over two years
years, the entire Lot
portion of the Building
26.5.3-2(c)].
must be
on which the
that was vacant for
Permitted Uses
Building is located
over two years must
in accordance
must comply with
comply with the City's
with this
all Development
current Building Code.
Chapter.
Standards and Site
Planning Standards
in accordance with
this Chapter.
IF THE ABOVE EVENT OCCURS, IT TAKES PRECEDENCE OVER ANY OTHER
EVENT, AND THE NONCONFORMITY MUST CONFORM AS SET FORTH
ABOVE. IF ONE OF THE FOLLOWING EVENTS OCCURS IN THE ABSENCE OF
THE ABOVE DESCRIBED EVENT, THE NONCONFORMITY SHALL COMPLY
WITH THE FOLLOWING PROVISIONS.
39
EVENT THAT TRIGGERS
REQUIRED COMPLIANCE
COMPLIANCE
USES
DEVELOPMENT
BUILDING CODE
STANDARDS AND
SITE PLANNING
STANDARDS
Increase in the Floor Area of
All uses on the
The Lot must comply
New construction must
a Building that does not
Lot must be
with all Development
comply with the City's
constitute New Construction
Permitted Uses
Standards and Site
current Building Code
or a Major Alteration or
in accordance
Planning Standards in
and existing construction
Repair
with this
accordance with this
that is unreinforced
Chapter.
Chapter, except that
masonry must comply
the Lot does not have
with Article IX of
to comply with the
Chapter 24 of the Code
Building Setback
(concerning seismic
requirements in
requirements).
Section 26.4.1-7 (c),
so long as the
increase in Floor
Area does not
encroach into the
Building Setback
area.
Change of Use between
Not applicable.
The parking,
Not applicable.
categories that have
maneuvering, and
different parking,
loading capacities on
maneuvering, and loading
the Lot on which the
requirements.
use has changed must
comply with all of the
requirements of
Section 26.5.1.
Minor Alteration or Repair
Uses permitted
Not required to bring
New construction must
on the Lot on
the Lot into
comply with the City's
the date of the
compliance with the
current Building Code
Minor Repair
Development
and existing construction
may continue.
Standards or Site
that is unreinforced
Planning Standards of
masonry must comply
this Ordinance.
with Article IX of
Chapter 24 of the Code
(concerning seismic
requirements).
New Construction or Major
All uses on the
The Lot must comply
Entire Building being
Alteration or Repair that is
Lot must be
with all Development
constructed or altered or
Voluntary
Permitted Uses
Standards and Site
repaired must comply
in accordance
Planning Standards in
with the City's current
with this
accordance with this
Building Code.
Chapter.
Chapter.
.e
EVENT THAT TRIGGERS
COMPLIANCE
REQUIRED COMPLIANCE
USES
DEVELOPMENT
BUILDING CODE
STANDARDS AND
SITE PLANNING
STANDARDS
Major Alteration or Repair
Uses permitted
The Lot must comply
Entire Building being
that is due to Force Majeure
on the Lot on
with all Development
altered or repaired must
the date of the
Standards and Site
comply with the City's
Force Majeure
Planning Standards in
current Building Code.
Event may
accordance with this
continue.
Chapter, or, if none
exist for such use,
then as required by a
Conditional Use
Permit.
Article VI. Special Regulations and Procedures.
See.26.6.1. Purpose.
To ensure the achievement of the goals and purposes of this Chapter without
creating undue hardships, and to protect the health, safety, and public welfare, the
following regulations and procedures are established for Variances, Conditional Use
Permits, zoning ordinance text and map amendments, interpretations, and minor
exceptions.
Sec.26.6.2. Variances.
Sec. 26.6.2-1. Justifications for Variances and Limitations on Variances.
(a) Special Circumstances. Variances from the terms of this Chapter shall be
granted only when, because of special circumstances applicable to a Lot, including size,
shape, topography, location, surroundings, or other conditions, strict enforcement of the
Development Standards or Site Planning Standards deprives such Lot of privileges
enjoyed by other property in the vicinity and under the identical zoning classification.
Variances are not terminated automatically upon transfer of the Lot for which they have
been granted, but are subject to expiration as set forth in Section 26.6.2-5 and revocation
or modification as set forth in Section 26.6.2-9. If the granting or denial of a Variance is
subject to CEQA, the time periods for any notice, response, or action shall comply with
the time frames established by CEQA, notwithstanding any time periods set forth in this
Section 26.6.2.
(b) Conditions. Any Variance granted shall be subject to such conditions that
will ensure that the authorized exception does not constitute a grant of special privileges
inconsistent with the limitations imposed on other properties in the same Zone or Overlay
Zone. The City Council may impose conditions on the Variance to address any pertinent
41
factors affecting the Lot or the establishment, operation, or maintenance of any requested
improvement, including, but not limited to the requirement that the applicant comply with
any one or more of the following conditions:
(1) Installation of buffer areas, fences, or walls;
(2) Installation of parking facilities, and surfacing of parking areas and
driveways;
(3) Dedication of a portion of the land for a Right-of-way;
(4) Making or paying for related street improvements; and
(5) Implementing or using the Variance within a specified period of
time.
(c) Required Permitted Use. A Variance shall not be granted for a Building in
which the use is not a Permitted Use.
Sec. 26.6.2-2. Application and Fee. An application for a Variance shall be made
by the property owner or authorized agent to the Department of Community Services, on
a form provided for that purpose by the City, and shall be accompanied by a filing fee in
an amount established by resolution of the City Council. The City may retain, at the
applicant's expense, consultants to study the impacts of the proposed operation on the
surrounding properties. An application for a Variance shall consist of a completed
Variance Form and the following attachments:
(a) A plot plan which shall show, as may be applicable to permit informed
consideration of the request, the surrounding land uses; the location and dimensions of all
buildings; the location and dimensions of all off-street parking, loading, and storage
facilities; the location and width of ingress and egress points to the Lot; and the location
and dimensions and turning radii of all parking and loading areas.
(b) A floor plan, if applicable, of the building or buildings showing interior
features affected by the requested Variance.
.Sec. 26.6.2-3. Notice of Public Hearing. Following presentation of a completed
application to the Department of Community Services, the City Clerk shall set the matter
for public hearing to be held not less than ten (10) days or more than sixty (60) days from
the date of notice. The City Clerk shall give notice thereof in the manner provided in
paragraph (a) below and by either the method provided in paragraph (b) or (c) below.
The notice shall set forth the date, time, and place of the public hearing; the identity of
the hearing body or officer; a general explanation of the matter to be considered; and a
general description, in text or by diagram, of the location of the Lot that is the subject of
the hearing.
42
(a) By mailing notice, containing the same information as the published or
posted notice, not less than ten (10) days prior to the date of the hearing to:
(1) The owners of all property within a radius of three hundred (300)
feet from the Lot for which a Variance is requested, using for this
purpose the last known names and addresses of such owners as are
shown on the last equalized assessment roll of Los Angeles County;
(2) The owner of the subject Lot or the owner's duly authorized agent;
(3) Any Person who has filed a written request for such notice with the
City Clerk (in which case the City may charge a fee that is
reasonably related to the costs of providing this service and may
require each request to be annually renewed);
(4) The project applicant; and
(5) Each local agency expected to provide water, sewage, streets,
schools, or other essential facilities or services to the Lot, if the
ability to provide the facilities or services may be significantly
affected; and
(b) By publishing a notice in a newspaper designated by the City Council for
that purpose. Said newspaper shall be a local newspaper if there be one; otherwise, a
newspaper of general circulation covering the City of Vernon shall be designated. The
notice shall be published one time at least ten (10) days prior to the date of the hearing; or
(c) By posting a notice in three of the most public places in the City of Vernon,
to wit: the northwest corner of 381h Street and Santa Fe Avenue; the northeast corner of
Leonis Boulevard and Pacific Boulevard; and on the bulletin board outside of the lobby
of 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. Said notice shall be posted not less than ten
(10) days before the date set for the hearing.
Sec. 26.6.2-4. Public Hearing, Action of the City Council. If, from the facts
presented at the public hearing or by an investigation at the instigation of the City
Council, the City Council makes the findings required in Section 26.6.2-5 herein and
finds that such Variance or modification thereof should be granted, the City Council may
grant the requested Variance in whole, or in part, and upon such terms and conditions as
the City Council may deem proper to preserve the public health, safety, convenience, and
welfare and the general intent and purpose of this Chapter. The City Council shall make
its decision on said application within thirty (30) days after the conclusion of any hearing
held thereon.
Sec. 26.6.2-5. Findings and Decision by Resolution. The City Council shall
announce its findings and decision by written resolution. The resolution shall recite,
43
among other things, the facts and reasons which, in the opinion of the City Council, make
the granting or denial of the Variance necessary to carry out the provisions and general
purpose of this Chapter, and shall order that the Variance be granted or denied, with such
conditions as are found necessary to protect the public health, safety, and general welfare,
and assure compliance with the provisions of this Chapter. The Variance shall not be
granted unless all of the following findings have been made:
(a) There are special circumstances or conditions applicable to the Lot, or the
intended use of the Lot, such as location, shape, size, surroundings, or topography that do
not apply generally to other properties in the same Zone or Overlay Zone.
(b) The strict or literal interpretation or application of the applicable
Development Standards or Site Planning Standards would result in practical difficulties
or unnecessary hardships inconsistent with the general purpose and intent of this Chapter
or would deprive applicant of privileges granted to others in similar circumstances.
(c) The granting of the Variance will not constitute a grant of special privilege
inconsistent with the limitations on other properties in the same Zone or Overlay Zone
with similar constraints.
(d) The project is consistent with the General Plan and complies with other
applicable provisions of this Chapter.
(e) The Variance will not be materially detrimental to the public health, safety,
or welfare, or to the interests of other residents and property owners within the vicinity of
the Lot in question.
(f) The Variance approval places suitable conditions on the Lot to protect
surrounding properties and does not permit uses that are not otherwise allowed in the
Zone or Overlay Zone (unless a Conditional Use Permit has been granted).
(g) For a Variance approving a Floor Area Ratio greater than 2:1, the following
additional findings shall be required:
(1) The strict application of the ratio to industrial facilities with
extensive conveyors, silos, towers, tanks, and related features makes
the floor area limitation inappropriate; and
(2) The proposed Buildings or Ancillary Structures will not adversely
affect the ability of the City to provide public services and utilities to
the Lot; and
(3) Surrounding Streets and major Streets providing access to the Lot
are adequate to accommodate the intensity of development proposed
as established by traffic studies or other studies required by the City.
Sec. 26.6.2-6. Notice of Decision. Not later than ten (10) business days following
the rendering of a decision ordering that a Variance be granted or denied, a letter shall be
mailed to the applicant at the address shown on the application filed with the City
Council stating the decision of the City Council. If a resolution of the City Council
orders that the Variance be granted, it shall also recite such conditions and limitations as
the City Council may impose. The resolution of the City Council announcing its findings
and determination after the hearing on an application for a Variance shall become a
permanent record in the files, of the City Clerk.
Sec. 26.6.2-7. Effective Date of Order Granting or Denying a Variance. The
order of the City Council in granting or denying a Variance shall become final and
effective on the date of the adoption of the resolution.
Sec. 26.6.2-8. Time Requirements for Use of Variance. Any Variance approved
by the City Council shall expire and become null and void if:
(a) There is not evidence of substantial use of the rights and privileges granted
by the Variance within one (1) year from the date on which the Variance was granted; or
(b) The use for which the Variance was granted has ceased to exist or has been
suspended for at least one hundred twenty (120) continuous calendar days.
If an application for an extension of the above time requirements is filed prior to
the expiration of the applicable time requirement, the City Council may grant one
extension of time, not to exceed one year from the time limit specified, without a .public
hearing. Any additional request for an extension of the time limit shall be treated as a
new application for a Variance.
Sec. 26.6.2-9. Revocation or Modification of Variance.
(a) Notice of Public Hearing. Following receipt of a recommendation from
the Director of Community Services that the Variance be revoked or modified, the City
Clerk shall set the matter for public hearing to be held not less than ten (10) days nor
more than sixty (60) days from the date of notice. The City Clerk shall give notice
thereof in the manner provided in Section 26.6.2-3. The City Council may by resolution
revoke any Variance (or, if a revocation is justified, the City Council may, instead,
modify the Variance) based upon the determination that the improvement authorized by
the Variance has become detrimental to the public health, safety, or general welfare, or
the manner of operation constitutes or is creating a nuisance, based on any one of the
following findings:
(1) The circumstances under which the Variance was granted have been
changed by the applicant to the extent that one or more of the
findings contained in the original Variance can no longer be made in
a positive manner, and the public health, safety, and general welfare
require the revocation or modification;
45
(2) The use or business for which a parking or maneuvering Variance
was granted has been changed to the extent that one or more of the
findings contained in the original Variance can no longer be made in
a positive manner, and the public health, safety, and general welfare
require the revocation or modification;
(3) The Variance was issued, in whole or in part, on the basis of a
misrepresentation or omission of a material statement(s) in the
application or in the applicant's testimony presented during the
public hearing for the Variance;
(4) One or more of the conditions of the Variance have not been
substantially fulfilled or have been violated; or
(5) The improvement authorized by the Variance is in violation of any
code, law, ordinance, regulation, or statute.
(b) Findings. The City Council shall render written findings setting forth
reasons for revoking or modifying the Variance.
(c) Notification. If the Variance is modified or revoked, notification of the
City Council action shall be mailed to the owner by the City Clerk and shall include a
copy of the City Council resolution specifying the reasons for the revocation or
modification of the Variance.
Sec. 26.6.2-10. Previously Granted Variance. Any Variance granted pursuant to
any zoning ordinance enacted prior to the effective date of this Ordinance shall be
construed to be a Variance under this Chapter subject to all conditions imposed
thereunder. Such Variance may, however, expire, as provided in Section 26.6.2-8, or be
modified or revoked as provided in Section 26.6.2-9.
Sec. 26.6.3. Conditional Use Permit.
The City Council shall have the authority, subject to the provisions of the Chapter,
to grant a Conditional Use Permit whenever it finds the granting of a Conditional Use
Permit is consistent with the requirements, intent, and purpose of this Chapter. The
purpose of a Conditional Use Permit is to allow proper integration of uses into the
community which may only be suitable in specific locations or designed and constructed
in a particular manner or under certain conditions. Conditional Use Permits are not
automatically terminated upon transfer of the Lot for which they have been granted, but
are subject to expiration as set forth in Section 26.6.3-7 and modification or revocation as
set forth in Section 26.6.3-9. If the granting or denial of a Conditional Use Permit is
subject to CEQA, the time periods for any notice, response, or action shall comply with
the time frames established by CEQA, notwithstanding any time periods set forth in this
Section 26.6.3.
e
Sec. 26.6.3-1. Application and Fee. Application for a Conditional Use Permit
shall be made by the property owner or authorized agent to the Department of
Community Services, on a form provided for that purpose by the City, and shall be
accompanied by a filing fee in an amount established by resolution of the City Council.
The City may retain, at the applicant's expense, consultants to study the impacts of the
proposed operation on the surrounding properties. Application for a Conditional Use
Permit shall consist of a completed Conditional Use Permit Form and the following
attachments:
(a) A plot plan which shall show the surrounding land uses; the location and
dimensions of all Buildings and structures; and the location and dimensions of all off-
street parking, loading, and storage facilities. The plot plan shall show areas for proposed
Outdoor Storage and Activities, including areas proposed for vehicle washing or
maintenance and repair; equipment; outdoor storage; the location and height of all fences,
walls, screens, or landscaped areas in relation to the operation of the proposed use; the
location and width of ingress and egress points to the Lot; the location and dimensions
and turning radii of all parking and loading areas; and proposed truck routes through the
City.
(b) A floor plan showing:
(1) The proposed location for all interior walls and all major equipment;
and
(2) The areas proposed for storage, use, or processing of explosive,
toxic, infectious, or hazardous materials (as defined in federal and
state laws and regulations), and the facilities and equipment to
protect and contain or suppress accidents or fires involving said
materials.
(c) An operations plan describing in detail each function of the proposed use,
the hours of operation, and any impacts to adjoining properties.
(d) A traffic study showing the maximum number of vehicles traveling daily
to and from the Lot, the approximate times vehicles will enter and exit the Lot, the
number of parking spaces that will be required, the available maneuvering space, and the
normal routes the vehicles would be expected to take to and from the Lot. The Director
of Community Services may request additional information and studies concerning
impacts on the level of service of Streets that may be caused by traffic to and from the
Lot.
(e) An environmental checklist describing potential impacts to the
environment and neighboring properties.
Sec. 26.6.3-2. Notice of Public Hearing. Following presentation of a completed
application to the Department of Community Services, the City Clerk shall set the matter
47
for public hearing in not less than ten (10) days nor more than sixty (60) days, and shall
give notice of the time and place of the hearing and the information concerning the
subject matter and purpose of the meeting in the manner described in Section 26.6.2-3.
Sec. 26.6.3-3. Public Hearing, Action of the City Council. If, from the facts
presented at the public hearing or by an investigation at the instigation of the City
Council, the City Council makes the findings required in Section 26.6.3-4 and finds that
such Conditional Use Permit or modification thereof should be granted, the City Council
may grant the requested Conditional Use Permit in whole, or in part, and upon such terms
and conditions as the City Council may deem proper to preserve the public health, safety,
convenience, and general welfare, and the general intent and purpose of this Chapter.
The City Council shall make its findings and determinations upon said application within
thirty (30) days after the conclusion of any hearing held thereon.
Sec. 26.6.3-4. Findings and Decision by Resolution. The City Council shall
announce its findings and decision by written resolution. The resolution shall recite,
among other things, the facts and reasons which, in the opinion of the City Council, make
the granting or denial of the Conditional Use Permit necessary to carry out the provisions
and general purpose of this Chapter, and shall order that the Conditional Use Permit be
granted or denied. The Conditional Use Permit shall not be granted unless all of the
following findings have been made:
(a) The Lot for the proposed use is adequate in size, shape and topography,
including any required drainage and landscaping;
(b) The use permitted under the Conditional Use Permit will not adversely
affect the interests of the public or the interests of other residents and property owners
within the vicinity of the Lot in question;
(c) The proposed use will be compatible with the Permitted Uses of
surrounding and adjacent properties;
(d) The Lot has adequate off-street parking and loading facilities for the
proposed use;
(e) The use, as to location, operation and design, is consistent with the general
plan, any applicable specific plan and the zoning regulations of the City of Vernon,
including the City's policy considerations as to acceptable uses in the City;
(f) The use is consistent with all applicable County, State, and federal laws,
rules and regulations;
(g) The proposed use will not adversely affect the general welfare as a result of
noise, increased traffic, interference with the flow of traffic, dust, or other undesirable
characteristics; and
(h) The conditions stated in the decision are deemed necessary to protect the
public health, safety and general welfare.
Sec. 26.6.3-5. Notice of Decision. Not later than ten (10) business days following
the rendering of a decision ordering that a Conditional Use Permit be granted or denied, a
letter shall be mailed to the applicant at the address shown on the application filed with
the City stating the decision of the City Council.
Sec. 26.6.3-6. Effective Date of Order Granting or Denying a Conditional Use
Permit. The order of the City Council in granting or denying a Conditional Use Permit
shall become final and effective on the date of the adoption of the resolution.
Sec. 26.6.3-7. Time Requirements for Use of Conditional Use Permit. Any
Conditional Use Permit approved by the City Council shall expire and become null and
void if:
(a) There is not evidence of substantial use of the rights and privileges granted
by the Conditional Use Permit within one (1) year from the date on which the
Conditional Use Permit was granted; or
r
(b) The use for which the Conditional Use Permit was granted has ceased to
exist or has been suspended for at least one hundred twenty (120) continuous calendar
days.
If an application for an extension of the above time requirements is filed prior to
the expiration of the applicable time requirement, the City Council may grant one
extension of time, not to exceed one year from the time limit specified, without a public
hearing. Any additional request for an extension of the time limit shall be treated as a
new application for a Conditional Use Permit.
Sec. 26.6.3-8. General Conditions. The City Council shall impose conditions on
the Conditional Use Permit to protect the public health, safety and general welfare. Such
conditions may, without limitation, include:
(a) Regulation of use;
(b) Special yards, spaces and buffers;
(c) Fences and walls;
(d) Surfacing of parking areas subject to City specifications;
(e) Dedication of a portion of the land for a Right-of-way;
(f) Making or paying for related street improvements;
(g) Regulation of points of vehicular ingress and egress;
(h) Regulation of signs;
(i) Requiring Landscaping;
0) of Outdoor Storage and Activities;
(k) Requiring maintenance of the Landscaping and the grounds;
(1) Requiring adequate parking and loading spaces;
(m) Regulation of noise, vibration, odors, and similar concerns;
(n) Regulation of time for certain activities;
(o) Regulation Time period within which the proposed use shall be
implemented or used;
(p) Duration of use; and
(q) Such other conditions as will snake possible the development of the project
in an orderly and efficient manner in conformity with the intent and purposes set forth in
this Chapter.
Sec. 26.6.3-9. Revocation or Modification of Conditional Use Permit.
(a) Revocation or Modification of Conditional Use Permit. Following receipt
of a recommendation from the Director of Community Services that the Conditional Use
Permit be revoked or modified, the City Clerk shall set the matter for public hearing to be
held in not less than ten (10) days or more.than sixty (60) days from the date of notice,
and shall give notice thereof in the manner provided in Section 26.6.2-3. The City
Council may by resolution revoke any Conditional Use Permit (or, if a revocation is
justified, the City Council may, instead, modify the Conditional Use Permit) based upon
the determination that the use authorized by the Conditional Use Permit has become
detrimental to the public health, safety, or general welfare, or the manner of operation
constitutes or is creating a nuisance, based on any one of the following findings:
(1) The circumstances under which the Conditional Use Permit was
granted have been changed by the applicant to the extent that one or
more of the findings contained in the original Conditional Use
Permit can no longer be made in a positive manner, and the public
health, safety, and general welfare require the revocation or
modification;
(2) The Conditional Use Permit was issued, in whole or in part, on the
basis of a misrepresentation or omission of a material statement(s) in
the application or in the applicant's testimony presented during the
public hearing for the Conditional Use Permit;
50
(3) One or more of the conditions of the Conditional Use Permit have
not been substantially fulfilled or have been violated; or
(4) The use authorized by the Conditional Use Permit is in violation of
any code, law, ordinance, regulation, or statute.
(b) Findings. The City Council shall render written findings setting forth
reasons for revoking or modifying the Conditional Use Permit.
(c) Notification. If the Conditional Use Permit is revoked or modified,
notification of the City Council action shall be mailed to the owner by the City Clerk and
shall include a copy of the City Council resolution specifying the reasons for revoking or
modifying the Conditional Use Permit.
Sec. 26.6.3-10. Existing Uses. Uses existing on the effective date of this
Ordinance that were legally permitted prior to the effective date of this Ordinance may
continue as Legal Nonconforming Uses subject to the terms of Section 26.5.3.
Sec. 26.6.3-11. Previously Granted Conditional Use Permit. Any Conditional
Use Permit granted pursuant to any zoning ordinance enacted prior to the effective date
of this Ordinance shall be construed to be a Conditional Use Permit under this Ordinance
subject to all conditions imposed in such Conditional Use Permit, subject to the terms of
Section 26.5.3. Such Conditional Use Permit may, however, expire as provided in
Section 26.6.3-7 or be revoked or modified as provided in Section 26.6.3-9.
Sec. 26.6.4. Zoning Ordinance or Text Amendment.
Sec. 26.6.4-1. Purpose. Whenever public necessity, convenience and general
welfare require, the boundaries of the Zone and the Overlay Zones established by this
Chapter, the classification of property uses therein, or other provisions of this Chapter
may be amended as follows:
(a) By amending the Zoning Map, or
(b) By revising the text of the Ordinance.
Sec. 26.6.4-2. Amendments. Amendments of this Chapter and the Zoning Map
which is a part hereof, may be adopted as follows:
(a) An Amendment may be initiated by the verified application of the owner or
owners of property which is proposed to be changed or reclassified, whenever an
Amendment, supplement to, or change in the regulations prescribed for the property is
desired; or
(b) The City Council may introduce and adopt an ordinance as provided in the
City charter.
51
Sec. 26.6.4-3. Notice of Public Hearing. Within sixty (60) days after (a) receipt
of a completed application by the owner or owners of property or (b) introduction of an
ordinance by the City Council, as the case may be, the City Clerk shall set the matter for
public hearing to be held not less than ten (10) days and not more than sixty (60) days
from the date of notice of the public hearing, with such notice being given in the manner
provided in 26.6.2-3. If the granting or denial of an Amendment is subject to CEQA, the
time periods for any notice, response, or action shall comply with the time frames
established by CEQA, notwithstanding any time periods set forth in this Section 26.6.4.
Sec. 26.6.4-4. City Council to Announce Decision After the Public Hearing.
The City Council shall announce its decision and if the Amendment is approved, shall
adopt an ordinance incorporating the decision. The ordinance shall recite the facts and
reasons which, in the opinion of the City Council, make the approval of the application
for the Amendment necessary to carry out the general purpose of this Chapter.
Sec. 26.6.4-5. Notice of Ordinance. At the time the ordinance becomes effective,
one copy of such ordinance shall be forwarded to the applicant at the address shown upon
the application.
Sec. 26.6.4-6. Zoning Map Modification. If the Amendment involves an
amendment to the Zoning Map, the Department of Community Services, immediately
following the effective date of the ordinance, shall cause the Zoning Map to be so
modified. Copies of the modified Zoning Map shall be available to the public on request.
Sec. 26.6.5. Interpretations, Minor Exceptions, and Appeals.
Sec. 26.6.5-1. Interpretations. The Director of Community Services shall have
the power to interpret the provisions of the Zoning Ordinance when any ambiguity or
lack of clarity exists and to make determinations as to whether a proposed use is
substantially similar to a Permitted Use and is therefore permitted of right or through
obtaining a Conditional Use Permit.
Sec. 26.6.5-2. Record of Interpretations. The Director of Community Services
shall keep a written record of interpretations made on file in the Department of
Community Services. Such record shall briefly describe the interpretation made and the
date of the interpretation. The record shall be available for public review during the
normal business hours of the Department of Community Services.
Sec. 26.6.5-3. Exceptions. The Director of Community Services shall have the
authority to make minor exceptions or adjustments to the standards contained in this
Chapter if such exceptions are necessary to assure an equitable and reasonable
application of the Chapter. Exceptions shall not result in the reduction of any standard by
an amount greater than ten percent (10%). Any deviation from a standard which exceeds
ten percent (10%) shall be made only in accord with Section 26.6.2 (Variances) of this
Chapter.
52
Sec. 26.6.5-4. Record of Exceptions. Any exception made by the Director of
Community Services in accord with the provisions of this Section shall be duly recorded
in concise language and with accompanying drawings as required. The record shall be
filed in the Department of Community Services by property location using a street
address or other reasonable system to permit reference to the exception made at any
future date.
Sec. 26.6.5-5. Appeals. Following the City Clerk's receipt of a written appeal
contesting any action or decision of the Director of Community Services that has been
submitted to the City Clerk within thirty (30) days after the date such action or decision
was taken by the Director of Community Services, the City Clerk shall set the appeal for
a public hearing. The public hearing shall be held not less than ten (10) days nor more
than sixty (60) days from the City Clerk's receipt of the appeal. The City Clerk shall give
notice of the time and place of the hearing and the purpose thereof in the manner
described in Section 26.6.2-3. The appellant may appear in person before the City
Council or be represented by an attorney, and may introduce evidence to support the
claim. The appellant shall cause to be made at his or her own expense any investigation
or research required by the City to substantiate the appellant's claim.
Article VII. Zoning Regulations for Adult or Sexually Oriented Businesses.
Sec.26.7.1. Purpose.
It is the intent of this Article to prevent adverse economic impact to the businesses
and residents of the City, and to take steps to minimize potential increased crime,
increased incidence of communicable disease, decreased property values, and the
deterioration of neighborhoods which can be brought about by the increase in the number
of Adult or Sexually Oriented Businesses, or their location in close proximity to each
other, or their proximity to other uses that are not compatible with Adult or Sexually
Oriented Businesses. The City Council finds that it has been demonstrated in various
communities that the concentration of Adult or Sexually Oriented Businesses causes a
depreciation in property values, an increase in the number of transients in the area, an
increase in crime, an increase in noise, litter, and vandalism, and in addition to the effects
described above, can cause other businesses to move elsewhere. It is, therefore, the
purpose of this Article to establish reasonable and uniform regulations to prevent any
increase in the number of, and any further concentration of Adult or Sexually Oriented
Businesses, or their close proximity to incompatible uses, while permitting the existence
of existing Adult or Sexually Oriented Businesses in certain limited areas. The
requirements and regulations set forth in this Article VII are in addition to the
requirements set forth in Article VI of Chapter 5 of the Code which set forth
requirements for obtaining a business license.
53
Sec.26.7.2. Definitions.
As used herein, the terms and phrases shall have the same meaning as defined in
Chapter 5, Article VI, Section 5.81 et seq. of this Code.
Sec. 26.7.3. Location Requirements.
Sec. 26.7.3-1. Zone and Conditional Use Permit. Adult or Sexually Oriented
Businesses shall be permitted only in the C Overlay Zone and only if a Conditional Use
Permit has been granted.
Sec. 26.7.3-2. Required Distances. No Adult or Sexually Oriented Business shall
be opened as a new business, converted from an existing business, established, located,
expanded, or operated within certain distances of certain specified land uses as set forth
below:
(a) No Adult or Sexually Oriented Business shall be established on a Lot
located within one thousand (1,000) feet of any other Lot containing an Adult or Sexually
Oriented Business, whether such other Lot is located inside or outside the City limits.
The required minimum distance between any two Adult or Sexually Oriented Businesses
shall be measured along the Street, whether public or private, from the nearest side or
rear Lot lines of the Lots upon which such uses are located.
(b) No person shall cause or permit the establishment or maintenance of more
than one Adult or Sexually Oriented Business on the same Property.
(c) No such business shall be established or located within one thousand
(1,000) feet of any Residence, public park, recreational area, public building, Religious
Use, school, boys' club, girls' club, or similar existing youth organization, Bar, pool hall,
or liquor store, whether such other use is located inside or outside the City limits. The
required minimum distance between an Adult or Sexually Oriented Business and such
other specified uses shall be measured along the Street, whether public or private, from
the nearest side or rear Lot lines, of the Lots upon which such uses are located.
Article VIII. Zoning Regulations for Off -Site Outdoor Advertising Structures.
Sec. 26.8.1. Application of Article.
This Article shall apply to all commercial Outdoor Advertising Structures within
the City that are not located on the same Lot as the goods or services being advertised.
This Article does not apply to on -site or noncommercial Outdoor Advertising Structures.
All off -site commercial Outdoor Advertising Structures existing on the effective date of
this Ordinance that are not in compliance with the requirements of this Article are Legal
Nonconforming Uses.
54
Sec. 26.8.2. Conditional Use Permit Required.
The installation, construction, modification, or replacement of any Outdoor
Advertising Structure is permitted in the I Zone and all Overlay Zones, subject to
obtaining a Conditional Use Permit and complying with all other conditions imposed by
this Article.
Sec. 26.8.3. General Conditions.
Sec. 26.8.3-1. Sign Dimensions.
(a) The sign face of an Outdoor Advertising Structure shall not exceed eight
hundred fifty (850) square feet in area, including the border and trim, but excluding the
base or apron supports and other structural members.
(b) Cutouts and other special advertising features or additions to a sign face
shall not project more than five (5) feet above the maximum height limit.
(c) Bi-directional or double-faced signs shall be located on the same Outdoor
Advertising Structure. For parallel double-faced signs, the distance between sign faces
shall not exceed eight (8) feet. For "V-shaped" double-faced signs, the distance between
sign faces shall not exceed thirty-five (35) feet at their widest point and shall not exceed
eight (8) feet at their closest point.
Sec. 26.8.3-2. Structure Design and Materials. Each Outdoor Advertising
Structure shall have no more than two poles, and shall be constructed of noncombustible
material.
Sec. 26.8.3-3. Maximum Height. The overall height of each Outdoor Advertising
Structure shall not exceed thirty-five (35) feet, exclusive of cutouts or special additions,
measured from the higher of either:
(a) The finished grade of the roadway adjacent to the Lot on which the
Outdoor Advertising Structure is located and from which the advertising display is to be
viewed, or
(b) The finished grade of the base of the Outdoor Advertising Structure.
Sec. 26.8.3-4. Location. The location of the Outdoor Advertising Structures shall
be restricted as follows:
(a) An Outdoor Advertising Structure shall not be located within any required
setback area of the Zone or Overlay Zone in which the Outdoor Advertising Structure is
located.
(b) Outdoor Advertising Structures shall not be located within five (5) feet of
any Building or within ten (10) feet of any Lot line.
55
(c) Outdoor Advertising Structures constructed after the effective date of this
Ordinance shall not be located within two thousand five hundred (2,500) feet of another
Outdoor Advertising Structure.
(d) Outdoor Advertising Structures existing on the effective date of this
Ordinance may not be replaced unless they are in conformity with the dimension, height,
and location requirements specified herein.
(e) For purposes of this Article, measurements shall be made along the edge of
the Street from which the display on the Outdoor Advertising Structure is designed to be
primarily viewed, from a line perpendicular to the centerline of that Street passing
through the nearest edge of the existing sign, to a line perpendicular to the centerline
passing through the nearest edge of the proposed Outdoor Advertising Structure, as
shown in Diagram 26.8.3-4.
DIAGRAM 26.8.3-4
MEASUREMENT FOR
OUTDOOR ADVERTISING STRUCTUIRES
us.�.e�v�.��naa. �a.n;c'o:'�w.�ad�r.s;t�.uwa»-�.raza.:ze•..a:.ss: us�zur�,,,'�s,a.;�rn�+�
Sec. 26.8.3-5. Prohibited Outdoor Advertising Structures. The following types
of signs shall not be permitted:
56
(a) Any form of moving, animated, oscillating or rotating sign, or any other
design intended to attract attention through movement or the semblance of movement of
the whole or any part of the sign or any other method or device that suggests movement;
or
(b) Inflatable objects; or
(c) Flashing signs, containing illuminated light or other devices which are
intermittently on and off, which change in intensity, or which create the illusion of
flashing in any manner; or
(d) Obscene or pornographic signs.
Sec. 26.8.3-6. Safety and Appearance.
(a) No Outdoor Advertising Structure, including its supporting structure and
lighting, shall present any hazard to the safety of pedestrian or vehicular traffic by
obstructing the flow of such traffic, obstructing the sight lines required for the safe
movement of pedestrian or vehicular traffic, interfering with the visibility and
effectiveness of any traffic control or warning device, or in any other manner as
determined by the Director of Community Services.
(b) All signs shall be designed and maintained to be compatible with the design
and materials used in the structure on which the sign is located.
(c) No sign face or sign area shall be added to an existing sign unless within a
permanent frame or panel indicated for such purpose on approved plans for the total sign
structure.
(d) All signs shall be maintained in good condition and working order, as
determined by the Director of Community Services, and free of graffiti, peeling paint,
faded colors, and broken and damaged materials.
(e) All signs must have the sign owner's name, address and telephone number
conspicuously and permanently attached on the exterior of the sign.
Sec. 26.8.3-7. Political Signs. Political signs are permitted in the I Zone and all
Overlay Zones as follows: _
(a) All of the terms of this Article VIII apply to political signs, except that
signs pertaining to a particular election do not require a Conditional Use Permit.
(b) All political signs pertaining to a particular election shall be removed
within ten (10) days after the date of the election.
57
(c) The candidate, committee, or any other authorized Person posting political
signs shall ensure that all signs include the name, address, and the required committee
identification number of the campaign or political organization, if any.
(d) If the Director of Community Services finds that any political sign has been
posted or is being maintained in violation of the provisions of this Section, the Director of
Community Services may cause said sign to be removed without prior notice.
(e) Any political sign that remains posted for more than fourteen (14) days
after the election to which it pertains shall be deemed abandoned.
Sec. 26.8.3-8. Continuation of Nonconforming Signs. Every nonconforming
Outdoor Advertising Structure may remain in use unless and until it has been deemed to
be abandoned, as described in this Section 26.8.3-8. For purposes of this Chapter, an
Outdoor Advertising Structure shall be deemed to have been abandoned if no copy
appears on the sign for a period of at least one hundred and eighty (180) consecutive
calendar days, or it is otherwise relatively clear that the sign has been forsaken or
deserted; provided, however, that political signs shall be deemed abandoned as set forth
in Section 26.8.3-7(e).
Sec. 26.8.3-9. Abandoned Outdoor Advertising Structures. All nonconforming
Outdoor Advertising Structures that have been abandoned shall be brought into full
conformity with this Article or be removed, without amortization or compensation. If an
abandoned Outdoor Advertising Structure is in violation of the location requirements, it
shall be removed. The Director of Community Services may cause any abandoned signs
and any signs which constitute an immediate peril to persons or property to be removed
summarily and without prior notice.
Article IX. Enforcement.
Sec. 26.9.1. Application of Article.
This Article provides for the enforcement of penalties in the case of violation of
any of the terms or provisions of this Chapter and of any permit or right or exception
granted hereunder. The enforcement rights set forth herein are in addition to those
provisions of the Code that also specifically set forth the City's rights of enforcement and
remedies available to the City. All of the provisions of the Chapter of the Code setting
forth enforcement rights and remedies shall apply to any violation of any of the terms or
provisions of this Chapter and of any permit or right or exception granted hereunder.
Sec. 26.9.1-1. Violation. It is unlawful for any Person to violate any term or
provision of this Chapter or any part hereof or any permit, license, or exception granted
hereunder, or to fail to comply with any order or regulation made hereunder. Whenever a
violation occurs, the violation shall include not only the act or omission constituting the
violation, but it shall also include causing, allowing, permitting, aiding, abetting,
W.
suffering, withholding, or concealing the fact of such act or omission, or destroying or
tampering the evidence associated with the act or omission. The,provisions of this
Chapter and all permits and rights granted hereunder shall apply to any Person, whether
or not the Person was the original owner of the property or applicant for the permit, right,
exception, or approval, and whether the Person is the owner, lessee, licensee, agent, or
employee, if the Person has notice of the terms and conditions of the permit or approval.
Sec. 26.9.1-2. Criminal and Civil Enforcement. The City may enforce violations
as a criminal (infraction or misdemeanor), civil, or administrative action, or any
combination thereof. Any Person who violates any term or provision of this Chapter or
any part hereof or any permit, license, or exception granted hereunder, or who fails to
comply with any order or regulation made hereunder is guilty of a misdemeanor;
provided, however, that in the sole discretion of the City Attorney's office, a violation
may be prosecuted as an infraction where the City Attorney's office has determined that
such action would be in the best interest of justice. The City Attorney may specify in the
citation, accusatory, pleading, or by amendment during the prosecutorial process that the
matter will be prosecuted as an infraction. Any Person who has violated any term or
provision of this Chapter or any part hereof or any permit, license, or exception granted
hereunder, or has failed to comply with any order or regulation made hereunder shall be
subject to the criminal, civil, and administrative penalties set forth in the Code and
otherwise provided by law.
Sec. 26.9.1-3. Continuing Violations. A Person is guilty of a separate offense
for each and every day, or any portion thereof, during which there is any violation or
failure to comply as described in this Section 26.9.1-1 that is committed, continued,
permitted, or allowed by such Person.
Sec. 26.9.1-4. Voiding of Permit, Certificates, and Licenses. Any permit,
certificate, or license issued in conflict with the provisions of this Chapter shall be void.
Sec. 26.9.1-5. Public Nuisance. In addition to the penalties herein provided, any
condition caused, or permitted to exist, in violation of any of the provisions of this
Chapter or any part hereof or of any permit, license, or exception granted hereunder, or in
violation of any order or regulation made hereunder is hereby declared to be unlawful and
a public nuisance, and may be summarily abated as such by this City, and shall further be
subject to injunctive relief granted by any court of competent jurisdiction. Each day or
portion of a day that such condition continues shall be regarded as a new and separate
offense.
Sec. 26.9.1-6. Remedies. All remedies permitted under this Chapter or the Code
shall be cumulative and not exclusive. Conviction and punishment of any Person
hereunder shall not relieve such Person from the responsibility of correcting prohibited
conditions or removing prohibited Buildings, structures, or improvements, and shall not
prevent the enforced correction or removal thereof. Nothing in this Article shall prevent
the City from using one or more other remedies to address violations of this Chapter.
59
Sec. 26.9.1-7. Responsibility. The Director of Community Services shall have
principal responsibility for monitoring and enforcing the conditions and standards
imposed on all land use standards and entitlements granted by the City pursuant to this
Chapter. In accordance with the provisions of California Penal Code Section 836.5(a),
employees of the Department of Community Services, as directed and designated from
time to time by the Director of Community Services, are hereby authorized to issue
citations for violations of this Chapter. The procedures to be followed for the issuance of
said citations are those that are or may be authorized from time to time by provisions of
the California Penal Code.
Sec. 26.9.1-8. Enforcement. In addition to any other remedy provided for in this
Code or otherwise by law, the Director of Community Services may take any or all of the
following actions for any violation of this Chapter or of the terms and conditions of any
permit or approval that may be provided for in this Chapter:
(a) Institute proceedings to revoke or suspend any permit or approval,
including, without limitation, a Variance or Conditional Use Permit;
(b) Revoke the business license held by any violator in accordance with the
provisions of Section 5.68 of the Code;
(c) Impose an enforcement fee as provided for in Section 26.9.1-9;
(d) Cause to be issued an administrative citation or compliance order as
provided for in the Code;
(e) Institute proceedings against a Person with multiple violations of the Code
for "unfair business practices" under California Business and Professions Code Section
17200;
(f) Request that the City Attorney take appropriate enforcement action.
Referral by the Director of Community Services is not a condition precedent to any
enforcement action by the City Attorney.
Sec. 26.9.1-9. Enforcement Fees.
(a) An enforcement fee may be imposed by the City against each Person who
has violated the provisions of this Chapter or the terms and conditions of any permit,
license, exception, or approval that has been provided pursuant to this Chapter. The
purpose of this fee is to recover the costs of enforcement from any Person who violates
the provisions of this Chapter or any permit, license, exception, or approval granted
hereunder. The City Council shall establish the enforcement fees by Resolution, and
may, from time to time, amend such fees.
(b) The Director of Community Services shall cause to be issued a notice
imposing fees under this Section. The notice shall provide that the fee shall be due and
payable within fifteen (15) days from the date of the notice. A penalty of ten percent
(10%) per month shall be added to any fees that have not been paid when due.
(c) Any person upon whom fees have been imposed pursuant to this Section
may appeal the action in accordance with the following procedure:
(1) A notice of appeal shall be filed with the Director of Community
Services within ten (10) days of the date of the notice.
(2) At the time of filing the notice of appeal, the appellant shall deposit
with the City Treasurer money in the amount of all fees due. If, as a
result of the hearing, it is determined that the City is not entitled to
all or a portion of the money, the City shall refund to the Person all
or a portion of the money deposited.
(3) The City Council shall hold a hearing on the appeal within sixty (60)
days of the date of filing of the appeal. The City shall give the
appellant at least five (5) days notice of the time and place of the
hearing. The City Council shall render a decision within fifteen (15)
days of the date of the hearing. The hearing may be continued if
additional information is required in order to allow the City Council
to render a decision. The purpose of the hearing shall be limited to
whether or not the violation occurred.
(4) The decision of the City Council shall be final except for judicial
review.
(5) Any notice issued pursuant to this Section shall set forth the appeal
rights as provided for in this Section.
Sec. 26.9.1-10. Business License Revocation or Suspension.
(a) Notwithstanding any other provision of this Code, the Director of
Community Services may suspend a business license for thirty (30) days or less, or may
revoke a business license issued pursuant to this Code, if the holder of such business
license has violated the provisions of this Chapter or the terms and conditions of any
permit or approval issued hereunder, in accordance with the procedure set forth in this
Section.
(b) Upon being notified of a second violation of this Chapter, or the terms and
conditions of any permit or approval granted hereunder, within a three (3) year period
from the date of the first violation, the Director of Community Services shall notify the
Person that a third violation within such three (3) year period may result in the
suspension or revocation of the Person's business license.
(c) Upon being notified of athird violation of this Chapter, or the terms and
conditions of any permit or approval granted hereunder within a three year period from
61
the date of the first violation, the Director of Community Services may notify the Person
of the revocation or suspension of the Person's business license.
(d) Any notice of revocation or suspension issued pursuant to this Section shall
be final upon the expiration of the appeal period if no appeal is timely filed or upon the
decision of the City Council if an appeal is filed.
(e) Any Person may appeal the suspension or revocation of the business license
in accordance with the following procedures:
(1) A notice of appeal shall be filed with the Director of Community
Services within fourteen (14) days from the date of the notice of
revocation or suspension.
(2) The City Council shall hold a hearing on the appeal within sixty (60)
days of the date of the filing of the appeal. The City Council shall
give the appellant at least ten (10) days notice of the time and place
of the hearing. The City Council shall render a decision within
fifteen (15) days of the date of the hearing.
(3) The decision of the City Council shall be final except for judicial
review.
(4) Any notice revoking or suspending a business license pursuant to
this Section shall set forth the appeal rights as provided for in this
Section.
62
63