Ordinance No. 11481 ORDINANCE NO. 1148
2
3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
VERNON PLACING A MORATORIUM ON THE ESTABLISHMENT
4 AND/OR EXPANSION OF TRUCK TERMINALS, FREIGHT
5 TERMINALS OR TRANSPORTATION -RELATED USES WITHIN THE
CITY, DECLARING THE URGENCY THEREOF AND A BASIS FOR
6 SAID ORDINANCE TO TAKE EFFECT IMMEDIATELY
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8 WHEREAS, the City of Vernon (the "City") is a municipal
9 corporation and a chartered city of the State of California organized
10 and existing under its Charter and the Constitution of the State of
11 California; and
12 WHEREAS, the City is, and has been for over one hundred
13 years, a primarily, industrial city with a broad industrial base that
14 forms the foundation,of the City's economy and land use planning; and
15 WHEREAS, the City Council of the City of Vernon (the "City
16 Council") adopted a Comprehensive Zoning Ordinance, Ordinance No. 1139,
17 on December 17, 2007,'that became effective on January 16, 2008, and
18 was codified as Chapter 26 of the Vernon City Code (the "Zoning
19 Ordinance"); and
20 WHEREAS, the continued economic vitality of the City depends
21 on the City's ability to maintain its character as a primarily
22 industrial city; and
23 WHEREAS, the intent of the City Council in adopting the
24 Zoning Ordinance- was to encourage the development and preservation of
25 industrial facilities within the City that produce jobs for the region
26 and to prohibit any new or expanded truck terminals, freight terminals
27 or transportation related uses within the City as such activities, by
28 their nature, generate excessive traffic or other external effects that
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adversely affect road conditions in the area and interfere with the
efficient operation of the City; and
WHEREAS, the Zoning Ordinance currently contains definitions
for Freight Terminals, Truck Terminals, Transportation -Related Uses
which need to be clarified as questions have been posed relating,to the
primary use of a property and the utilization of a Conditional Use
Permit; and
WHEREAS, for purposes of this Ordinance, the City Council
wishes to define the following:
• "truck" is a highway -type vehicle having a gross
vehicular weight in excess of 11,500 lbs. used for the
transport of persons or property;
• "truck -related use" is any lot or building or portion
thereof used to transfer goods from one vehicle to
another or used to park, store, dispatch, maintain,
repair or service trucks and/or buses and does not
include parking or unloading 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; and
WHEREAS, allowing the establishment and/or expansion of
truck -related uses in the City could pose serious health, safety and/or
nuisance concerns for the patrons of Vernon businesses and/or residents
given the noise, air emissions, traffic safety, and other health,
safety and/or nuisance concerns, and the ability of safety personnel to
respond to the unique needs of an exclusively industrial community; and
WHEREAS, the City has a responsibility to enact and enforce
reasonable zoning regulations that allow for appropriate land uses that
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do not adversely impact the City's primary industrial base; and
WHEREAS, the City Council intends to study -
(a) if it should permit the establishment and/or expansion
of a truck -related use to determine if it conforms with the goal of
protecting the City's industrial users from adverse impacts, and
determine if any standards should be adopted to mitigate the threat
posed to the public peace, health, or safety, in order to (i) avoid the
creation of nuisances; (ii) facilitate the orderly and safe movement of
vehicular traffic on the part of the traveling public; and (iii)
promote the development and preservation of large scale and specialized
industrial/manufacturing activities that such unharmonious activities
bring to an exclusively industrial area;
(b) the consequences of establishing or expanding truck -
related use activities to traffic safety and harms caused by said
activities; and
WHEREAS, the City Council believes it is in the interest of
the public health, safety and welfare to declare a moratorium on
establishing or expanding Truck Terminals, Freight Terminals,
Transportation -Related Use and Truck -Related Use activities while the
City studies the aforementioned issues; and
WHEREAS, Chapters 4.3(e) and 4.4 of the Charter of the City
of Vernon provide that an ordinance declared by the City Council to be
necessary as an emergency measure for the immediate preservation of the
public peace, health, or safety, and containing a statement of the
reasons for its urgency, may be adopted in the manner provided in said
Charter, except that such emergency ordinance may be introduced and
adopted at one in the same regular or special meeting, and shall take
effect immediately; and
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1 WHEREAS, Government Code Section 65858 provides that without
2 following procedures otherwise required prior to the adoption of a
3 zoning ordinance, the legislative body, to protect the public safety,
4 health and welfare, may adopt as an urgency measure an interim
5 ordinance prohibiting any uses that may be in conflict with a
6 contemplated general plan, specific plan, or zoning proposal which the
7 legislative body is considering or studying or intends to study within
8 a reasonable time.
9 THE CITY COUNCIL OF THE CITY OF VERNON HEREBY ORDAINS:
10 SECTION 1: The City Council of the City of Vernon hereby
11 finds and determines that the recitals contained hereinabove are true
12 and correct.
13 SECTION 2: Moratorium. The City Council of the City of
14 Vernon hereby declares that there is a need for a moratorium on the
15 establishment and/or expansion of Truck Terminals, Freight Terminals,
16 Transportation -Related Uses and Truck -Related Uses (as defined herein)
17 in order to protect the public peace, health or safety, avoid the
18 creation of nuisances and protect the City's industrial uses from
19 adverse impacts and pursuant to the provisions of Government Code
20 Section 65858, a moratorium is hereby placed on the following and the
21 acceptance of applications for the issuance of permits or variances
22 for such uses:
23 (a) the establishment and/or expansion of Truck Terminals,
24 Freight Terminals, Transportation -Related Uses and Truck -Related Uses
25 (as defined herein) within the City as defined herein; and
26 (b) the location of truck -related establishments.
27 SECTION 3: This ordinance is in contemplation of amendments
28 to the Comprehensive Zoning Ordinance, and the City Council of the
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City of Vernon finds that prohibiting the acceptance of applications
for the issuance of permits or variances for any truck related use
activity is urgently required to protect the public safety, health and
welfare and that absent such an interim ordinance, there would be an
jiediate threat to the public safety, health and welfare and that the
Ordinance is further necessary to preserve and protect the orderly
study of applicable planning and zoning alternatives, and in order to
permit the preparation and implementation of the proper and necessary
planning and zoning amendments and controls.
SECTION 4: Declaration of Urgency. This urgency is based
on the following facts:
a. There is a current and immediate threat to the public
peace, health or safety arising from the establishment and/or expansion
of Truck Terminals, Freight Terminals, Transportation -Related Uses and
Truck -Related Uses (as defined herein) and the location of truck -
related establishments within the City due to the creation of
nuisances, adverse impacts, hazards to traffic safety and harms that
arise from the response of health and safety personnel to activities
that differ from industrial activities.
b. The City requires time to adopt a comprehensive
ordinance regulating truck -related use establishments.
SECTION 5: Exception. This ordinance shall not apply to
the establishment of Truck. -Related Uses permitted under the City's
existing ordinances prior to the effective date of this ordinance
where either a permit was not required or the City has received an
application for or duly issued a permit.
SECTION 6: Director of Community Services & Water. The
Director of Community Services & Water is directed to provide a written
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PAPM
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report to the City Council at least 10 days prior to the expiration of
this ordinance, describing the status of the measures that have been
taken or need to be taken to alleviate the condition that led to
jadoption of this ordinance.
SECTION 7: Severability. If any section, subsection,
sentence, clause, phrase or word of this Ordinance is for any reason
held to be void or unconstitutional, such decision shall not affect the
validity of the remaining portions of this Ordinance; it being the
intention of the City Council of the City of Vernon to pass and adopt
this Ordinance and each section, subsection, sentence, clause or phrase
thereof irrespective of the fact that oneror more of the sections,
subsections, clauses, sentences or phrases thereof may be declared to
be invalid or unconstitutional.
SECTION 8: Posting. There being no newspaper printed,
published or circulated in the City of Vernon, the City Clerk is hereby
directed to certify to the passage of this Ordinance and shall post the
same, or cause the same to be posted, within fifteen (J5) days after
its passage in accordance with Section 36933 of the Government Code, in
three (3) of the most public places in the City of Vernon, to wit: the
northwest corner of 38th Street and Santa Fe Avenue, the northeast
corner of Leonis Boulevard and Pacific Boulevard, and -on the bulletin
board located outside on the wall near the second floor entrance to the
City Hall of said City, located at 4305 Santa Fe Avenue, all in the
City of Vernon, County of Los Angeles, State of California.
SECTION 9: Effective Date. This Ordinance shall take
jeffect immediately upon adoption.
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SECTION 10: Expiration. This moratorium shall be of no
further force or effect upon expiration of 45 days from the date of
adoption, or November 20, 2008, unless extended in accordance with
Government Code Section 65858.
APPROVED AND ADOPTED this 6th day of October, 2008.
ATTEST:
MAN ELA GIRON, Ci y Clerk
Leonis -C. M lburg
Name:
Title: Mayor
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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. 1148, was
duly and regularly introduced at a regular meeting of the City Council
of the City of Vernon, held on Monday, October 6, 2008, and thereafter
was duly signed by the Mayor or the Mayor Pro-Tem 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
MANUELA G O
City Clerk
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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 8th day of October 2008, I did post three (3)
copies of:
ORDINANCE NO. 1148 - An. Ordinance of the City Council of the
City of Vernon Placing a Moratorium on the Establishment
and/or Expansion of Truck Terminals, Freight Terminals or
Transportation Related Uses Within the City, Declaring the
Urgency Thereof and a Basis for Said Ordinance to Take
Effect Immediately.
On each of the following places, to wit: on the bulletin board outside
the main entrance to the City Hall of the City of Vernon located at
4305 Santa Fe Avenue; at the northwest corner of 38th Street and Santa
Fe Avenue; the northeast corner of Leonis Blvd., and Pacific Blvd.,
all in said City, there being no news per of general circulation
printed and published in th ity ernon.
Date:
Se io `Cthies, Planning Assistant
State of California )
) ss
County of Los Angeles)
On /011V-1UF before me, Manuela Giron ,
Notary Public, personally appeared Sergio Canales
who proved to me on the basis of satisfactory evidence to be the
person (.s-) whose name W) is/a-r-Q subscribed to the within instrument and
acknowledged to me that heAehe4t-y executed the same in his/he—r- A� r
authorized capacity (he -a-) , and that by his/4et-/t�-ir signature.( ) on
the instrument the person(, or the entity upon behalf of which the
person(.sj acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of
California that the foregoing paragraph is true and correct.
WITN SS my hand and official seal
MANUELA GIRON
COmmisslon # 1611388
-�► Notary Public - California
Los Angeles County
My Comm. Expires Nov 4, 2009
APPROVED OCT 0 6 '08 CITY COUNCIL
COMMUNITY SERVICES & WATER DEPARTMENT
Samuel Kevin Wilson, Director of Community Services & Wate.
4305 Santa Fe Avenue, Vernon, California 90058
Telephone (323) 583-8811 Fax (323) 826-1435
September 23, 2008
Honorable City Council
City of Vernon
Dear Mayor and City Councilmen:
CITY, fS?RI TION
Z-1
The Community Services Department is recommending that a moratorium be placed on the
establishment or expansion of trucking related uses.
It was the City staff s intention to prohibit the establishment of all trucking related uses upon the
adoption of the current Zoning Ordinance. However, after reviewing the definition of a "Truck Terminal"
it appears that one may be allowed with a Conditional Use Permit if it is not the primary use on the
property. City Staff would like time to further study if a trucking use should be permitted on such a site.
In the interim staff is recommending that a moratorium be adopted to prohibit the establishment of a
trucking use as originally intended to protect neighboring properties from the adverse effects from such a
use.
Attached herewith is a Staff Report supporting the adoption of the moratorium.
Respectfu su it
a Kev n Wilson, P.C.
Director of Community Services & Water
SKW/sp
Enclosure
c: Eric Fresch
Jeff Harrison
Manuela Giron
Excfusivefy Industriaf
STAFF REPORT
TRUCK USE MORATORIUM
AUGUST 25, 2008
The City of Vernon's current Zoning Ordinance became effective January 16, 2008. A question
has arisen if a truck related use should be allowed to locate within the City of Vernon.
Section 26.4.1-5 of the Ordinance states that the following uses 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. "...(f) Freight
Terminals, Truck Terminals, Transportation -Related Use;..."
In accordance with Section 26.5.3 a nonconforming use may continue except if more than 25% of
the building is vacant for more than 2 years, an increase in floor area occurs or major alteration to the
property takes place. In addition in accordance with Section 26.5.3-1 there shall be no increase in floor
area used for a legal nonconforming use, a conforming use may not be converted to a nonconforming use,
an existing building used for a nonconforming use cannot be converted to another nonconforming use,
and lastly there shall be no decrease in parking, loading, or maneuvering.
Therefore, a property not currently used as a truck terminal, freight terminal or transportation
related use may not be converted to such a use.
Freight terminal is defined as, "Any lot, building or part of a building in or on which freight are
transferred or redistributed from one vehicle to another, provided however, that such a use in connection
with the operation of a warehouse use or cold storage warehouse shall not be deemed to be a freight
terminal."
Truck terminal is defined as, "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 vehicle 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."
Finally, a transportation -related use is defined as, "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."
It was City staff's intention as part of the Zoning Ordinance adoption to prohibit any new or
expanded truck terminals, freight terminals or transportation related uses within the City of Vernon. It
appears that when the definition of a truck terminal was drafted it allowed for a loophole. In reviewing
the definition of a truck terminal City staff has now concluded that based on the language as long as the
primary use of a property is not utilized for the storage maintenance or servicing of highway -type vehicles
a trucking use could be permitted on a site subject to a Conditional Use Permit. For example, if three (3)
acres of a five (5) acre lot was used for a manufacturing use the remaining two (2) acres could be utilized
for a trucking operation.
As an industrial City staff believes that the highest and best use of vacant properties within the
City is for the development of industrial facilities which produce jobs for the region. The alternative
would be to allow the vacant land to be used as a truck parking lot which would have minimal benefit to
the community and could adversely affect road conditions in the area.
It is recommended that the Vernon City Council adopt a moratorium on the establishment or
expansion of a truck related use until such time as City staff can study the positive and negative impacts
such a use has on the City.
The definition of Truck Related Use is as follows:
"Truck Related Use: Any lot or building or portion thereof used to transfer goods from one
vehicle to another or used to park, store, dispatch, maintain, repair or service trucks and/or buses.
Truck Related Use does not include parking or unloading 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."
The definition of Truck is as follows:
"Truck is a highway -type vehicle having a gross vehicular weight in excess of 11,5001bs used for
the transport of persons or property."
CITY CLERK'S OFFICE
INTEROFFICE MEMORANDUM
DATE: October 21, 2008
TO: S. Kevin Wilson, Director of Community Services & Water
FROK: Nelly Giron, City Clerk
RE: Ordinance No. 1148 - An Ordinance of the City Council
of the City of Vernon Placing a Moratorium on the
Establishment and/or Expansion of Truck Terminals,
Freight Terminals or Transportation -Related Uses
Within the City, Declaring the Urgency Thereof and
Basis for Said Ordinance to Take Effect Immediately
Transmitted herewith is a copy of Ordinance No. 1148 referenced
above, which was approved by City Council on October 6, 2008.
Thank you.
NG:dr
c: Ordinance No. 1148