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Ordinance No. 1235ORDINANCE NO. 1235 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VERNON AMENDING THE ZONING CODE TO REGULATE DISTRIBUTED GENERATION WITHIN THE CITY OF VERNON AND TO CORRECT A TYPOGRAPHICAL ERROR IN THE BILLBOARD ZONING REQUIREMENTS AND ADOPT A NEGATIVE DECLARATION PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT; 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 California; and WHEREAS, on April 21, 2015, the City Council of the City of Vernon adopted Ordinance No. 1227, adopting amendments to 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 WHEREAS, by memorandum dated December 15, 2015, the Director of Public Works, Water & Development Services has recommended that the City of Vernon Zoning Ordinance be amended to (i) Define Distributed Generation, (ii) Establish regulations regarding Distributed Generation and (iii) Correct a typographical error in Section 26.8.3-4(c); 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, Chapter 4.1(f) and (h) of the Charter of the City of Vernon provides that an ordinance shall amend a code or repeal any ordinance or code previously adopted. THE CITY COUNCIL OF THE CITY OF VERNON HEREBY ORDAINS: SECTION 1: The City Council of the City of Vernon hereby finds and determines that all of the foregoing recitals are true and correct. SECTION 2: Section 26.2.4 of Article II of Chapter 26, of the Vernon Municipal Code, is hereby amended to read as follows: Section. 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. Density shall mean the total number of permanent residential dwelling units per acre of land, exclusive of all existing public Right-of-way surfaces or similar property. Development Agreement shall mean a contract duly executed and legally binding between the City of Vernon and a developer(s) pursuant to Government Code Section 65864 et seq. Development Standards shall mean the development and performance standards described in Section 26.4.1-7, "Development and Performance Standards," and/or development and performance standards identified for individual Overlay Zones in this Chapter. Digital Display shall mean the face of a sign or Outdoor Advertising Structure that is comprised of a digital or electronic face with intermittent changeable messages. Director shall mean the City of Vernon Director of Public Works, Water, and Development Services. - 2 - Distributed Generation shall mean decentralized power generating facilities interconnected to the City's distribution system and used exclusively to meet the customer's load requirements at the site to offset power consumption normally provided by the City and may include, but not be limited to solar photovoltaic (PV) facilities, diesel and natural gas fueled facilities, wind generators, biomass -fueled facilities, fuel cells, water -powered energy systems, combined heat and power facilities, energy storage devices, micro -turbines and waste burning power facilities. Drive -Through or Drive -Up Facilities. An establishment that sells products or provides services to occupants in vehicles, including drive-in or drive -up windows and drive -through services examples include fast food restaurants, banks, and pharmacies. Dwelling Unit - see Residence. Emergency Shelter, pursuant to California Health and Safety Code Section 50801(e), shall mean a facility that provides immediate and short-term housing to homeless persons or families on a first -come, first -serve basis where the individual(s) must vacate the facility each morning and have no guaranteed bed for the next night. No individual or household may be denied emergency shelter because of inability to pay. SECTION 4: Section 26.4.1-7(b)(4) of Article IV of Chapter 26, of the Vernon Municipal Code, is hereby added to read as follows: Section 26.4.1-7 (b) (4) . (4) Distributed Generation. With the exception of solar photovoltaic generation of up to one (1) MW of energy on a Lot and emergency generators that only provide power backup when a building's electric utility service is interrupted, no distributed generation shall be permitted on a parcel of land except with a Conditional Use - 3 - Permit. The City reserves the right to limit the amount of distributed generation to be interconnected to the distribution system. SECTION 5: Section 26.8.3-4(c) of Article II of Chapter 26, of the Vernon Municipal Code, is hereby amended to read as follows: Section. 26.8.3-4. (c) Outdoor Advertising Structures with Digital or Static Displays that are located within two hundred (200) feet of the edge of the Right-of-way of the I-710 freeway and are designed to be primarily view from the I-710 freeway are subject to the following standards: (1) An Outdoor Advertising Structure with a Digital Display that is located within two hundred (200) feet of the edge of the Right- of-way of the I-710 freeway and designed primarily to be viewed from the I-710 freeway shall not be located within five hundred (500) feet of another Outdoor Advertising Structure with a Static Display located on the same side of the freeway or within one thousand (1,000) feet of another Outdoor Advertising Structure with a Digital Display located on the same side of the freeway and designed to be oriented toward the freeway; and (2) An Outdoor Advertising Structure with a Static Display that is located within two hundred (200) feet of the edge of the Right-of- way of the I-710 freeway and designed primarily to be viewed from the I-710 freeway shall not be located within five hundred (500) feet of any another Outdoor Advertising Structure located on the same side of the freeway and designed to be oriented toward the freeway. SECTION 6: Any ordinance or parts of an ordinance, in conflict with this Ordinance are hereby repealed. SECTION 7: Severability. If any chapter, article, section, subsection, subdivision, paragraph, sentence, clause, phrase, or word - 4 - in this Ordinance or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have adopted this Ordinance and each chapter, article, section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more chapters, articles, sections, subsections, subdivisions, paragraphs, sentences, clauses, phrases or words be declared unconstitutional, or invalid, or ineffective. SECTION 8: Book of Ordinances. The City Clerk, or Deputy City Clerk, shall attest and certify to the adoption of this Ordinance and shall cause this Ordinance and the City Clerk's, or Deputy City Clerk's, certification to be entered in the Book of Ordinances of the Council of this City. The City Clerk, or Deputy City Clerk, shall cause this ordinance to be published or posted as required by law. - 5 - SECTION 9: Effective Date. This Ordinance shall go into effect and be in full force and effect at 12:01 a.m. on the thirty- first (31st) day after its passage. APPROVED AND ADOPTED this 5th day of January, 2016. ATTEST: —77) Ma is E. gala City Clerk / L1�Ptz r; t, rrrk �� APPROVED AS TO FORM: r- Brian Bytfn, Depu V City Attorney Name: W. Michael McCormick Title: Mayor / - 6 - STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, Maria E. Ayala , City Clerk / Deputy Gity ^'eL- of the City of Vernon, do hereby certify that the foregoing Ordinance, being Ordinance No. 1235 was duly and regularly introduced at a regular meeting of the City Council of the City of Vernon, held in the City of Vernon on Tuesday, December 15, 2015, and thereafter adopted at a meeting of said City Council held on Tuesday, January 5, 2016, by the following vote: AYES: Councilmembers: Mayor McCormick, Mayor Pro-Tem Davis, Martinez, Woodruff -Perez, Ybarra NOES: Councilmembers: None ABSENT: Councilmembers: None And thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this 11i"day of January 2016, at Vernon, California. (SEAL) - 7 - Mari E. Ayal io City Clerk / n,...uty Gity r, iak- CITY CLERK'S OFFICE INTEROFFICE MEMORANDUM DATE: January 11, 2016 TO: Sergio Canales, Assistant Planner Carlos Fandino, Director of Gas & Electric FROM: Deborah Juarez, Records Management Assistant r RE: Ordinance No. 1235 — An Ordinance of the City Council of the City of Vernon Amending the Zoning Code to Regulate Distributed Generation within the City of Vernon and to Correct a Typographical Error in the Billboard Zoning Requirements and Adopt a Negative Declaration Pursuant to the California Environmental Quality Act; and Repealing All Ordinances or Parts of Ordinances in Conflict Herewith Please find attached one copy of Ordinance No. 1235 referenced above, which was approved by City Council on January 5, 2016. Thank you. Attachment c: Ordinance No. 1235 CITY OF VERNON CITY COUNCIL MEETING DECEMBER 15, 2015 ORDINANCE NO. 1235 SUMMARY (Amending the zoning code to regulate distributed generation within the City of Vernon and to correct a typographical error in the billboard zoning requirements and adopt a negative declaration pursuant to the California Environmental Quality Act; and repealing all ordinances or parts of ordinances in conflict herewith) A CERTIFIED COPY OF THE FULL TEXT OF PROPOSED ORDINANCE NO. 1234 IS AVAILABLE IN THE OFFICE OF THE CITY CLERK LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA. Ordinance No. 1235 was duly introduced at a regular meeting of the City Council of the City of Vernon held on December 15, 2015. Ordinance No. 1235 is scheduled to be considered for adoption by said Council at a regular meeting to be held on January 5, 2016. The proposed Ordinance No. 1235 would amend the zoning code to regulate distributed generation within the City of Vernon and to correct a typographical error in the billboard zoning requirements and adopt a negative declaration pursuant to the California Environmental Quality Act; and repealing all ordinances or parts of ordinances in conflict herewith. Maria E. Ayala, City Clerk of the City of Vernon, does hereby certify that Ordinance No. 1235 was duly introduced to the City Council of the City of Vernon at a regular meeting held on December 15, 2015, and said Ordinance is scheduled to be considered for adoption at a regular meeting of the City Council to be held on January 5, 2016. Dated: t- �S Maria .Ayala, C' Clerk CITY OF VERNON CITY COUNCIL MEETING JANUARY 5, 2016 ORDINANCE NO. 1235 SUMMARY (Amending the zoning code to regulate distributed generation within the City of Vernon and to correct a typographical error in the billboard zoning requirements and adopt a negative declaration pursuant to the California Environmental Quality Act; and repealing all ordinances or parts of ordinances in conflict herewith) A CERTIFIED COPY OF THE FULL TEXT OF ADOPTED ORDINANCE NO. 1235 IS AVAILABLE IN THE OFFICE OF THE CITY CLERK LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA. On January 5, 2016, the City Council of the City of Vernon approved and adopted Ordinance No. 1235 amending the zoning code to regulate distributed generation within the City of Vernon and to correct a typographical error in the billboard zoning requirements and adopt a negative declaration pursuant to the California Environmental Quality Act; and repealing all ordinances or parts of ordinances in conflict herewith. I, Maria E. Ayala, City Clerk of the City of Vernon, do hereby certify that Ordinance No. 1235 was duly approved and adopted by the City Council of the City of Vernon at a regular meeting held on January 5, 2016, and passed by said Council by the following vote: AYES: COUNCILMEMBERS: McCormick, Davis, Martinez, Ybarra, and Woodruff -Perez NOES: COUNCILMEMBERS: None ABSTAIN: COUNCILMEMBERS: None Dated: (o I (o Mari E. Ayal , City Clerk .Sincxe..� 19�7�9. This space is for the County Clerk's Filing Stamp astern Groula Publiratio >rs, ;4jrtr_ OUR DD 161 S. AVENUE 24, LOS ANGELES, CA 90031 323 221-1092 • FX: 323 221-1090 • www.egpnews.com PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA, COUNTY OF LOS ANGELES I am a citizen of the United States and a resident of the County aforementioned; I am over the age of eighteen years, and not a party to or interested _in h bove-entitled matter. I am the principal_ clerk of the printer of EASTERN GROUP PUBLICATIONS' EASTSIDE SUN, NORTHEAST SUN. BELL GARDENS SUN, VERNON SUN, AND MONTEBELLO COMET, newspapers of general circulation, printed and published THURSDAYS in the County of Los Angeles, and which newspaper of general circulation by the Superior Court of the County of Los Angeles, State of California, under the date of JUNE 21, 1966, CASE NUMBER 884861, that the notice, of which the annexed is printed copy (set in type not smaller the nonpareil), has been published in each regular and entire issue of sail newspaper and not in any supplement thereof on the following dates, to -wit: "MItIL1:�'�I all in the year 2016. I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at LOS ANGELES, California, this 07LH day of JANUARY, 2016. CITY OF VERNON Proof of Publication of City of Vernon City Council Meeting January 5, 2015 Ordinance No. 1235 Summary CITY OF VERNON CITY COUNCIL MEETING JANUARY 5, 2016 ORDINANCE NO. 1235 SUMMARY (Amending the zoning code to regulate distributed generation within the City of Vernon and to correct a typographical error in the billboard zoning requirements and adopt a negative declaration pursuant to the California Environmental Quality Act; and repealing all ordinances or parts of ordinances in conflict herewith) A CERTIFIED COPY OF THE FULL TEXT OF ADOPTED ORDINANCE NO. 1235 IS AVAILABLE IN THE OFFICE OF THE CITY CLERK LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA. On January 5, 2016, the City Council of the City of Vernon approved and adopted Ordinance No. 1235 amending the zoning code to regulate distributed generation within the City of Vernon and to correct a typographical error in the billboard zoning requirements and adopt a negative declaration pursuant to the California Environmental Quality Act; and repealing all ordinances or parts of ordinances in conflict herewith. I, Maria E. Ayala, City Clerk of the City of Vernon, do hereby certify that Ordinance No. 1235 was duly approved and adopted by the City Council of the City of Vernon at a regular meeting held on January 5, 2016, and passed by said Council by the following vote: AYES: COUNCILMEMBERS: McCormick, Davis, Martinez, Ybarra, and Woodruff -Perez NOES: COUNCILMEMBERS: None ABSTAIN: COUNCILMEMBERS: None Dated: January 5, 2016 SOF: Maria E. Ayala, City Clerk Signature NOTICE OF INTENT TO ADOPT NEGATIVE DECLARATION City of Vernon 4305 Santa Vern C ' b E Vernon, CA (323) 583-8811 9 2016 CITY CLERK'S OFFICE NOTICE OF PUBLIC HEARING TO CONSIDER AMENDMENTS TO COMPREHENSIVE ZONING ORDINANCE AND NOTICE OF INTENT TO ADOPT NEGATIVE DECLARATION The City of Vernon will conduct a Public Hearing, which you may attend. 12015 302720 ED PLACE: Vernon City Hall, City Council Chambers of f01 2015 4305 Santa Fe Avenue Vernon, CA 90058 Dean C. Logan. Registrar—Recorder/County Clerk Electronically signed by SAURA CORREA DATE & Tuesday, December 15, 2015 at 9:00 a.m. TIME: (or as soon thereafter as the matter can be heard) PURPOSE: To consider: (1) The City of Vernon intent to adopt an ordinance to amend the City's Zoning Ordinance to establish regulations for Distributed Generation within the city and clarify existing regulations regarding billboard signs. (2) The recommendation from the Vernon Director of Public Works, Water & Development Services Department to adopt a Negative Declaration in accordance with the California Environmental Quality Act because the proposed amendments to the Comprehensive Zoning Ordinance will not have a significant effect on the environment. DOCUMENTS FOR REVIEW: A copy of the proposed ordinance and proposed negative declaration will be available for public review at the address mentioned below between the hours of 7:15 a.m. and 5:15 p.m. Monday through Thursday. The public is also invited to submit written comments on the proposed negative declaration prior to the hearing. The comment period runs from November 19, 2015 to December 15, 2015. Comments received after that date may not receive full consideration. Please send your comments and the name of the contact person to: Samuel Kevin Wilson, Director of Public Works, Water & Development Services City of Vernon 4305 Santa Fe Avenue, Vernon, CA 90058 (323)583-8811 Email: kwilson@ci.vernon.ca.us If you challenge the granting of this Zoning Amendment or any provisions thereof in court, you may be limited to raising only those issues you or someone else raised at the hearing described in this - - — -- notice or in written correspondence delivered to the City of Vernon at, or prior to, the meeting. � W The hearing may be continued or adjourned or cancelled and rescheduled to a stated time and W J V >- place without further notice of a public hearing. o LO c a o N LU Dated: kk 2 ?> N o M a W G Maria A a, City Clerk o z E d d LU i _ C CD o a � H CM LU City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 (323) 583-8811 NOTICE OF PUBLIC HEARING REGARDING THE PROPOSED VACATION OF PORTION OF SEVILLE AVENUE AND NOTICE OF INTENT TO ADOPT NEGATIVE DECLARATION The City of Vernon will conduct a Public Hearing, which you may attend. PLACE: Vernon City Hall City Council Chambers 4305 Santa Fe Avenue Vernon, CA 90058 DATE & TIME: Tuesday, December 15, 2015 at 9:00 a.m. (or as soon thereafter as the matter can be heard) PURPOSE: To consider: (1) The City of Vernon intends to vacate a section of Seville Avenue from Leonis Boulevard and 50`h Street in accordance with Division 9 of the Streets and Highways Code of the State of California (commencing with Section 8300) otherwise known as the Public Streets, Highways and Service Easements Vacation law; and (2) the adoption of a Negative Declaration in accordance with the California Environmental Quality _Act _ determining that the proposed street vacation will not have a significant effect on the environment. O� F 2015 295606 _ W _. --__ IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII m LEDNIS F BOULEVARD 7 d 1 Z. N r N Q FILED I ; 3 N Nov 20 2015 - Q yJ N _ NOT TO SCALE 'a [50THW PROPOSED PORTION d Dear D. 9e, Ne9I„ - Nei ,Be cuumy Clerk _ ° 5T. - OF SEVI LLE AVENUE - - a z E Elec,...... g, 4jgned b� MISTI BROOKS U W J ALREADY VACATED ° TO BE VACATED , W > H Z U W m a' N -------_--- __ _ --FRUITLAND -AVENUE - _.. CD--- DOCUMENTS FOR REVIEW: A copy of the Initial Study for the proposed street vacation and proposed negative declaration will be available for public review at the address mentioned below between the hours of 7:15 a.m. and 5:15 p.m. Monday through Thursday. The public is invited to submit written comments on the proposed negative declaration prior to the hearing. The comment period runs from November 18, 2015 to 9 a.m. on December 15, 2015. Comments received after that date may not receive full consideration. Please send your comments and the name of the contact person to: Samuel Kevin Wilson, Director of Public Works, Water & Development Services City of Vernon 4305 Santa Fe Avenue, Vernon, CA 90058 (323) 583-8811 Email: kwilson@ci.vemon.ca.us If you challenge the adoption of the proposed street vacation, and the adoption of the Negative Declaration you may be limited to raising only those issues you or someone else raised at the hearing described in this notice or in written correspondence delivered to the City of Vernon at, or prior to, the meeting. The hearing may be continued or adjourned or cancelled and rescheduled to a stated time and place without further notice of a public hearing. 11 to 5� Dated. �51 M a Ayala, City Clerk Y W L> Y Z O U_ cc Uj O Uj Uj 2 Q T cc NOTICE OF DETERMINATION 2016 07092 III ECE' R Illllllllllllllillllllllilllililllliillllllllllllllllllll VED FILED Jan 12 2016 FEB 2 9 2016 Dean C.Logan.Registrar—RecorderlCounty Clerk NOTICE OF DETERMINATIOl11 Electronically signed by MISTI BROOKS �' CLERK'S OFFMc To: County Clerk, County of Los Angeles From: City of Vernon Environmental Filings 4305 Santa Fe Avenue 12400 Imperial Highway Vernon, CA 90058 Norwalk, CA 90650 Lead Agency: City of Vernon Phone Number: (323) 583-8811/245 Contact Person: Samuel Kevin Wilson Subject: Filing of Notice of Determination in compliance with Section 21108 or 21152 of the Public Resources Code. Project Title: City of Vernon — Zoning Ordinance Amendment Project Applicant: City of Vernon Project Location (include county): 4305 Santa Fe Avenue, Vernon, CA 90058 - Los Angeles County State Clearinghouse Number: N/A Project Description: To consider: (1) The City of Vernon intent to adopt an ordinance to amend the City's Zoning Ordinance to establish regulations for Distributed Generation within the city and clarify existing regulations regarding billboard signs. (2) The recommendation from the Vernon Director of Public Works, Water & Development Services Department to adopt a Negative Declaration in accordance with the California Environmental Quality Act because the proposed amendments to the Comprehensive Zoning Ordinance will not have a significant effect on the environment. This is to advise that the City of Vernon has approved the above described project on January 5, 2016 and _liasmade tli<e-following determinations regarding the above described project: 1. The project will not have a significant effect on the environment. 2. A Negative Declaration was prepared for this project pursuant to the provisions of CEQA. 3. A statement of Overriding Considerations was not adopted for this project. 4. Findings were not made pursuant to the provisions of CEQA. This is to certify that the Negative Declaration and record of project approval is available to the general public at Vernon City Hall, 4305 Sa to Fe A ue, Vernon, CA 90058: Signature (Public Agency): Date: Name & Title: Sergio Canales Assistant Planner THIS NOTICE WAS POSTED ON January 12 2016 Date Received for filing at County Clerk: UNTIL February 112016 REGISTRAR -RECORDERICOUNTY CLERK State of California —Natural Resources Agency CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE 2016 ENVIRONMENTAL FILING FEE CASH RECEIPT RECEIPT # 201601120500007 SEE INSTRUCTIONS ON REVERSE. TYPE OR PRINT CLEARLY CITY OF VERNON 01/12/2016 COUNTY/STATE AGENCY OF FILING DOCUMENT NUMBER LACC 2016007092 PROJECT TITLE CITY OF VERNON-ZONING ORDINANCE AMENDMENT PROJECT APPLICANT NAME PHONE NUMBER SAMUEL KEVIN WILSON PROJECT APPLICANT ADDRESS CITY STATE ZIP CODE 4305 SANTA FE AVENUE VERNON CA 90058 PROJECT APPLICANT (Check appropriate box): 0 Local Public Agency ❑ School District ❑ Other Special District ❑ State Agency ❑ Private Entity CHECK APPLICABLE FEES: ❑ Environmental Impact Report (EIR) 0 Negative Declaration (ND)(MND) ❑ Application Fee Water Diversion (State Water Resources Control Board Only) ❑ Projects Subject to Certified Regulatory Programs (CRP) 0 County Administrative Fee ❑ Project that is exempt from fees ❑ Notice of Exemption CDFW No Effect Determination (Form Attached) r i Other PAYMENT METHOD: ❑ Cash ❑ Credit 0 Check ❑ Other $3,070.00 $ 0.00 $2,210.25 $ 2,210.25 $850.00 $ 0.00 $1,043.75 $ 0.00 $SA $ 75.00 SIGNATURE TITLE ITC $ 0.00 $ 2,285.25 ORIGINAL - PROJECT APPLICANT COPY - CDFW/ASB COPY - LEAD AGENCY COPY - COUNTY CLERK FG 753.5a (Rev. 01/16)