Loading...
Ordinance No. 1247ORDINANCE NO. 1247 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VERNON AMENDING CHAPTERS 24, BUILDING AND CONSTRUCTION, AND 26, ZONING, OF THE VERNON MUNICIPAL CODE, MODIFYING THE 2016 CALIFORNIA GREEN BUILDING STANDARDS CODE AND PERMITTING BY RIGHT INCIDENTAL USES AND MODIFYING THE PARKING AND LOADING REQUIREMENTS FOR SUCH USES IN THE INDUSTRIAL "I" ZONE; 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 December 6, 2016, the City Council of the City of Vernon adopted Ordinance No. 1237, adopting the 2016 California Building Code with amendments; and WHEREAS, the State of California Building Standards Commission has advised the City that it must modify its findings for the adoption of the 2016 California Green Building Standards Code; and WHEREAS, on January 16, 2008, 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 (the "Zoning Ordinance"); and WHEREAS, by memorandum dated October, 3, 2017, the Director of Public Works has recommended that the amendments to the 2016 California Green Building Standards should be modified and that the City of Vernon Zoning Ordinance be amended to (i) redefine Incidental Uses, (ii) allow Incidental Uses in the industrial "I" zone as a matter of right; and (iii) establish parking requirements for Incidental Uses; 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: Article XIV of Chapter 24 of the Vernon Municipal Code is hereby amended as set forth in Exhibit A, which is attached hereto and incorporated herein by reference. SECTION 3: Chapter 26 of the Vernon Municipal Code is hereby amended as set forth in Exhibit B, which is attached hereto and incorporated herein by reference. SECTION 4: Any ordinance, part of an ordinance, or code section in conflict with this Ordinance is hereby repealed. SECTION 5: Severability. If any chapter, article, section, subsection, subdivision, paragraph, sentence, clause, phrase, or word 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 - 2 - 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 6: 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. - 3 - SECTION 7: 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 24th day of October, 2017. WName:Melissa 'A barra 7EST: Maria E. 4yala City Clerk / APPRO ED AS TO FORM: Brian Byu Senior DeputyvCity Attorney Title: Mayor / - fi - 4 - STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, Maria E. Ayala , City Clerk / B , -_-1 GleiFIE, of the City of Vernon, do hereby certify that the foregoing Ordinance, being Ordinance No. 1247 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, October 3, 2017, and thereafter adopted at an adjourned regular meeting of said City Council held on Tuesday, October 24, 2017, by the following vote: AYES: Councilmembers: Mayor Ybarra, Mayor Pro-Tem Woodruff -Perez, Davis, Lopez, Martinez 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 day of October 2017, at Vernon, California. (SEAL) - 5 - Maria/E. Ayala City Clerk / Deputy Gi}" Clerk EXHIBIT A Exhibit "A" Sec. 24.107. Green Building Standards Code amendments, additions, and deletions. The 2016 Edition of the California Green Building Standards Code is hereby amended as follows: (a) Section 101.12 is hereby added to the 2016 California Green Building Standards Code to read as follows: Section 101.12 Green building standards permit fee. Green Building Standards permit fees shall be set forth in a fee schedule adopted by resolution of the City Council. A reinspection fee may be assessed for each inspection or reinspection when such portion of the work for which an inspection is called is not complete or when corrections called for are not made. Reinspection fees may be assessed when the inspection record card is not posted or otherwise available at the work site, the approved plans are not readily available to the inspector, for failure to provide access on the date and time for which the inspection is requested, or for deviating from the plans requiring the approval of the building official. In instances where reinspection fees have been assessed, the city may deny additional inspection of the work until the required fees are paid. EXHIBIT B Exhibit "B" Sec. 26.2.6. Definitions (H-I). Hazardous Waste Facility shall mean any facility or location which has a primary function to store or process, treat, transfer, dispose of, or recycle all substances defined as hazardous waste, acutely hazardous waste, extremely hazardous waste, or biohazardous waste as defined by the State of California in Health and Safety Code Sections 25110.02, 25115, 25117, and 117635 or in any amendments to or recodifications of such statutes. The definition shall not include the storage, use, generation, recycling, or disposal of hazardous materials as a secondary effect, product, or input of a Permitted Use on the same Lot as the Permitted Use. 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 or Emergency Shelter 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 26.4.1-2 i , "Incidental Use," such as office space, design area or showroom 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. Incidental Use shall not include a Retail Use, but may include mail-order or internet sales in connection with a 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 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. 26.4.1-2. Uses Permitted of Right. The following uses of Buildings and land are permitted of right in the I Zone. (a) Industrial Use. (b) Data Centers. (c) Cold Storage Warehouses. (d) Industrial Gas Manufacturing. (e) Telecommunications Antenna and Cell Towers. (f) Warehouse Use (other than Cold Storage Warehouses). (g) Wholesale Use. (h) 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. (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 Retail Use), but does include the right to sublease to a separate tenant office space only within an existing office area. Ancillary Use does not include Outdoor Storage and Activities. (5) The cumulative total area dedicated to all Ancillary Uses (including any Ancillary Retail Use permitted with a Minor Conditional Use Permit) shall not exceed twenty percent (20%) of the gross floor area occupied by a Permitted Use. (i) 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. (3) Incidental Use includes offices, design areas and showrooms related to the Permitted Use, but does not include the right to sell at retail. Incidental Use does not include Outdoor Storage and Activities. (4) The cumulative total area dedicated to all Incidental and Ancillary Uses (including Ancillary Retail Uses) shall not exceed fifty percent (50%) of the gross floor area occupied by a Permitted Use. 0) Any activity or use undertaken by the City. Sec. 26.4.1-4. Uses That May Be Permitted by Minor Conditional Use Permit. The uses set forth in this Section 26.4.1-4, may be permitted in the I Zone with a Minor Conditional Use Permit. (a) Ancillary Retail 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 Retail 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 Ancillary Retail Use is located upon the same Lot as that Person's Permitted Use and sufficient parking is provided. (3) The Ancillary Retail Use is used solely and exclusively by the Person for that Person's Permitted Use and the sell at retail is only for products manufactured onsite or products imported and stored in bulk as part of the Person's Permitted Use. (4) Ancillary Retail Use includes the right to sell at retail any day week but does not include Outdoor Storage and Activities including the outdoor display of merchandise. (5) The cumulative total area dedicated to all Ancillary Uses (including any Ancillary Retail Use) shall not exceed twenty percent (20%) of the gross floor area occupied by a Permitted Use. Table 26.5.1-6(b) Minimum Number of Required Automobile Parking Spaces(l) Use Type Required Spaces Industrial Use, Industrial Gas Manufacturing, and Recycling Facility One (1) space per 1,000 square feet of gross Floor Area (Including Floor Area Used for Ancillary Uses) Commercial Uses One (1) space per 250 square feet of gross Floor Area Incidental Uses One (1) space per 250 square feet of Floor Area of Incidental Use Data Centers One (1) space per 1,250 square feet of gross Floor Area Emergency Shelter One (1) space for each five (5) beds plus two (2) additional spaces. Health Clubs (gyms) One (1) space per 200 square feet of gross Floor Area One (1) space for each three (3) fixed seats, or where no Religious Uses fixed seats are provided, one (1) space for every 35 gross square feet of gross Floor Area Residential Uses Parking Determined Pursuant to Development Agreement, but no less than one (1) space for each unit. Restaurant (Take out) Eight (8) spaces per 1,000 square feet of gross Floor Area Restaurant (Sit down) One (1) space per 100 square feet of gross Floor Area Retail (less than 25,000 square feet) and One (1) space per 250 square feet of gross Floor Area multiple tenant Retail Retail (25,000 square feet or greater) - One (1) space per 250 square feet for the first 25,000 Single tenant only square feet of gross Floor Area and then one (1) space per each additional 500 square feet of gross Floor Area Studios (dance, etc.) One (1) space per 200 square feet of gross Floor Area Trade Schools One (1) space per 50 square feet of gross Floor Area Truck Terminals and Freight Terminals Parking shall be provided as determined by a parking study prepared for the specific use. Warehouse Use, General 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 Warehouse Use, Cold Storage the first 50,000 square feet, and one (1) space per 5,000 square feet of gross Floor Area above 50,000 square feet Note (1) Through the Conditional Use Permit and Minor Conditional Use Permit processes, the City may require additional parking for a specific use or application. 0 Table 26.5.1-6(c) Minimum Required Truck Loading Spaces Use Type Required Spaces Industrial Use, Warehouse Use, Industrial Gas One (1) space per 10,000 square feet of Manufacturing (including Floor Area used for Ancillary and gross Floor Area Incidental Uses) Cold Storage Warehouses One (1) space per 7,500 square feet of gross Floor Area Data Centers One (1) space per 50,000 square feet of gross Floor Area Loading shall be provided as determined by Commercial Use and Retail Use a parking study prepared for the specific use. Table 26.5.1-6(d) Minimum Required Truck Parking Spaces Use Type Required Spaces Industrial Use, Cold Storage Warehouses, One (1) space per 25,000 square feet of gross Floor Warehouse Use, Industrial Gas Manufacturing Area for the first 100,000 square feet and one (1) (including Floor Area used for Ancillary and space per 100,000 square feet of gross Floor Area Incidental Uses) above 100,000 square feet STAFF REPORT � A131�7 RECEIVED . �,,�n�^ J �R�EPVYOV CEIVE laal�7 SEP 2 S 2017 e,� � CITY CLERK'S OFFICE STAFF REPORT ,Ty 11MINISTRATION PUBLIC WORKS DEPARTMENT 4 DATE: October 3, 2017 TO: Honorable Mayor and City Council FROM: Daniel Wall, Director of Public Works Department Originator: Kevin Wilson, Interim Public Works Director RE: An Ordinance of the City Council Proposing Minor Amendments to Chapters 24 and 26 of the Vernon Municipal Code Recommendation A. Find that approval of the proposed Ordinance is exempt from California Environmental Quality Act (CEQA) as it is not considered a "project" under CEQA which is defined as an action directly undertaken by a public agency which has the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment, Cal. Pub. Res. Code Section 21065. Under the proposed ordinance, no such activity is being undertaken. Even if the ordinance were to be considered a "project" under CEQA Guidelines Section 15061(b)(3) which provides that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Here, the ordinance involves the adoption of amendments to revise state - mandated construction codes merely to improve the safety of buildings and will not have any effect on the environment; and B. Open a Public Hearing and receive any comments from the public regarding the proposed amendments, and thereafter close the Public Hearing; and C. Approve the first reading, and adopt at a subsequent meeting, an Ordinance amending Chapter 24 of the Vernon Municipal Code regarding the 2016 Green Building Standards Code and Chapter 26 regarding Incidental Uses. Background The State of California Building Standards Commission has contacted City staff regarding City Ordinance No. 1237, approved by City Council on December 6, 2016, which adopted amendments to the 2016 California Building Code. All amendments are required to be submitted to the Building Page 1 of 3 Standards Commission for acceptance and filing. The State has questioned the City's adoption of the 2016 Green Building Standards Code and has refused to file the City's amendments until such time as the City correctly adopts this Code. In accordance with State law, a City with the exception of administrative provisions is only permitted to amend a State Building Standard based on climatic, topographical or geological conditions. In this instance, the City adopted several amendments to the 2016 California Green Building Standards Code based on administrative reasons. The State is not accepting this rationale. The State has advised that the City should either rescind the amendments or amend the adopted ordinance to reflect that the amendments are necessary due to climatic, topographical or geological conditions within the City. City staff has reviewed the amendments that the City made to the Green Building Standards Code. Other than the modifications to the fee schedule, staff has determined that all other amendments are not necessary. These amendments included the addition of one definition, minor grammatical changes to clarify code language and modifications to voluntary requirements which the City is not enforcing. The subject amendments were recommended by the International Code Council, Los Angeles Basin Chapters, Green and Sustainability Committee as part of the Los Angeles Region Uniform Code Program. The City adopted these amendments in an effort to have a uniform code throughout the Los Angeles region. It is therefore recommended that the City adopt an ordinance deleting City Code Sections 24.107 (b)-(p), only maintaining Section 24.107(a) which adopts the City's fee schedule versus the fee schedule specified in the Green Standards Code. The proposed amendment is shown in Exhibit "A» Zoning Code The City adopted its current Zoning Ordinance on January 16, 2008 establishing Chapter 26 of the Vernon Municipal Code. Since that time other minor amendments have been made to the City's Zoning regulations. In order to streamline the City's development review process City staff is recommending that an additional change be made to the Zoning Ordinance concerning Incidental Uses. The term Incidental Uses is defined to mean, a use that is in connection with a Person's Permitted Use, such as office, design area, or showroom space, that occupies more than twenty Percent (20%), but less than fifty percent (50%) of the gross Floor Area. Incidental Use does not include a Retail Use, but may include mail order or internet sales in connection with a Permitted Use. Currently an Incidental Use requires a Minor Conditional Use Permit. The purpose of a Conditional Use Permit ("CUP") is to allow the proper integration of uses into the community which may be suitable in specific locations or designed and constructed in a particular manner or under certain conditions. Typically, uses in the City of Vernon that are subject to a CUP could cause a nuisance to a neighboring property or the community as a whole, unless conditions are placed on the use to protect neighboring properties. In this instance, the only nuisance that could be caused by an Incidental Use is an increase in street parking demand caused by an increase in employees or visitors. However, this could be rectified by incorporating parking and loading regulations for an Incidental Use. Currently, parking issues would be resolved through Page 2 of 3 the CUP process. The current parking and loading regulations specifically allow the parking requirements to be increased as part of the CUP process. A Conditional Use Permit takes considerable staff time to process the application. Normally it can take three to six months to process a CUP. Therefore, a business proposing a small addition to an existing office area that causes the office to exceed the twenty percent threshold could take several months to approve. In order to streamline the process while continuing to provide protection to neighboring property owners it is recommended that the City develop a mandatory parking requirement for incidental uses and no longer require a CUP. Staff is recommending that the parking requirements for an Incidental Use be one space per 250 square feet of gross floor area utilized for an Incidental Use. This is the same ratio that is required for a Commercial Use, which includes a standalone office building. It is therefore recommended that the City adopt an ordinance amending Chapter 26 of the Vernon Municipal Code to no longer require a CUP for an Incidental Use and to establishing parking standards for an Incidental Use. The proposed amendments are shown in Exhibit `B". Fiscal Impact There is no fiscal impact to the City by adopting the proposed Ordinance. Attachment 1. Public Hearing Notice 2. Proposed Ordinance Page 3 of 3 City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 (323) 583-8811 NOTICE OF PUBLIC HEARING REGARDING THE PROPOSED ORDINANCE TO AMMEND CHAPTERS 24 AND 26 OF THE VERNON MUNICIPAL CODE The City of Vernon will conduct a Public Hearing, which you may attend. PLACE: Vernon City Hall City Council Chamber 4305 Santa Fe Avenue Vernon, CA 90058 DATE & TIME: Tuesday, October 3, 2017 at 9:00 a.m. (or as soon thereafter as the matter can be heard) PURPOSE/SUBJECT: Consider the adoption of an Ordinance to amend the Vernon Municipal Code Chapter 24, Building and Construction regarding the 2016 Green Building Standards Code and Chapter 26, regarding Incidental Uses and repealing all prior ordinances and part of ordinances in conflict therewith. DOCUMENTS Notice is hereby given that a hard copy of the proposed ordinance will be available for public review during normal business hours in the City Clerk Department, located at 4305 Santa Fe Avenue, Vernon, California, between the hours of 7:00 a.m. and FOR REVIEW: 5:30 p.m. Monday through Thursday. Please send your comments or questions to: Daniel Wall, Director of Public Works City of Vernon 4305 Santa Fe Avenue, Vernon, CA 90058 (323) 583-8811 Ext. 305 Email: dwall0)ci.vernon.ca.us PROPOSED CEQA FINDING: Staff will recommend that the City Council find that this action is not subject to the California Environmental Quality Act (CEQA) as this ordinance is not considered a "project" under CEQA which is defined as a whole of an action directly undertaken by a public agency which has the potential for resulting in either a direct physical change in the environment or a reasonable foreseeable indirect physical change in the environment, Cal. Pub. Res. Code Section 21065. Under the proposed ordinance, no such activity is being undertaken. Even if the ordinance were to be considered a "project" under CEQA, which is not the case, the ordinance would be covered by the general rule set forth in CEQA Guidelines Section 15061(b)(3) which provides that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Here, the ordinance involves the adoption of amendments to revise state -mandated construction codes merely to improve the safety of buildings and no longer require a minor conditional use permit for an Incidental Use and will not have any effect on the environment. If you challenge the adoption of an Ordinance to amend Chapter 24, Building and Construction and Chapter 26, Incidental Uses of the Vernon Municipal Code and repealing all prior ordinances and part of ordinances in conflict therewith or any provision 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. Americans with Disabilities Act (ADA): In compliance with ADA, if you need special assistance to participate in the meeting, please contact the Office of the City Clerk at (323) 583-8811 ext. 546. The hearing may be continued or adjourned or cancelled and rescheduled to a stated time and place without further notice of a public hearing. Dated: Maria E. Ayala, City Clerk ORDINANCE NO. 1247 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VERNON AMENDING CHAPTERS 24, BUILDING AND CONSTRUCTION, AND 26, ZONING, OF THE VERNON MUNICIPAL CODE, MODIFYING THE 2016 CALIFORNIA GREEN BUILDING STANDARDS CODE AND PERMITTING BY RIGHT INCIDENTAL USES AND MODIFYING THE PARKING AND LOADING REQUIREMENTS FOR SUCH USES IN THE INDUSTRIAL "I" ZONE; 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 December 6, 2016, the City Council of the City of Vernon adopted Ordinance No. 1237, adopting the 2016 California Building Code with amendments; and WHEREAS, the State of California Building Standards Commission has advised the City that it must modify its findings for the adoption of the 2016 California Green Building Standards Code; and WHEREAS, on January 16, 2008, 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 (the "Zoning Ordinance"); and WHEREAS, by memorandum dated October, 3, 2017, the Director of Public Works has recommended that the amendments to the 2016 California Green Building Standards should be modified and that the City of Vernon Zoning Ordinance be amended to (i) redefine Incidental Uses, (ii) allow Incidental Uses in the industrial "I" zone as a matter of right; and (iii) establish parking requirements for Incidental Uses; 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: Article XIV of Chapter 24 of the Vernon Municipal Code is hereby amended as set forth in Exhibit A, which is attached hereto and incorporated herein by reference. SECTION 3: Chapter 26 of the Vernon Municipal Code is hereby amended as set forth in Exhibit B, which is attached hereto and incorporated herein by reference. SECTION 4: Any ordinance, part of an ordinance, or code section in conflict with this Ordinance is hereby repealed. SECTION 5: Severability. If any chapter, article, section, subsection, subdivision, paragraph, sentence, clause, phrase, or word 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 - 2 - 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 6: 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. - 3 - SECTION 7: 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 24th day of October, 2017. ATTEST: City Clerk / Deputy City Clerk APPRO ED AS TO FORM: i Brian Byu , Senior Deputy City Attorney Name: Title:Mayor / Mayor Pro-Tem - 4 - STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, City Clerk / Deputy City Clerk of the City of Vernon, do hereby certify that the foregoing Ordinance, being Ordinance No. 1247 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, October 3, 2017, and thereafter adopted at an adjourned regular meeting of said City Council held on Tuesday, October 24, 2017, by the following vote: AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: And thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this day of October, 2017, at Vernon, California. (SEAL) City Clerk / Deputy City Clerk - 5 - EXHIBIT A Exhibit "A" Sec. 24.107. Green Building Standards Code amendments, additions, and deletions. The 2016 Edition of the California Green Building Standards Code is hereby amended as follows: (a) Section 101.12 is hereby added to the 2016 California Green Building Standards Code to read as follows: Section 101.12 Green building standards permit fee. Green Building Standards permit fees shall be set forth in a fee schedule adopted by resolution of the City Council. A reinspection fee may be assessed for each inspection or reinspection when such portion of the work for which an inspection is called is not complete or when corrections called for are not made. Reinspection fees may be assessed when the inspection record card is not posted or otherwise available at the work site, the approved plans are not readily available to the inspector, for failure to provide access on the date and time for which the inspection is requested, or for deviating from the plans requiring the approval of the building official. In instances where reinspection fees have been assessed, the city may deny additional inspection of the work until the required fees are paid. EXHIBIT B Exhibit "B" Sec. 26.2.6. Definitions (H-I). Hazardous Waste Facility shall mean any facility or location which has a primary function to store or process, treat, transfer, dispose of, or recycle all substances defined as hazardous waste, acutely hazardous waste, extremely hazardous waste, or biohazardous waste as defined by the State of California in Health and Safety Code Sections 25110.02, 25115, 25117, and 117635 or in any amendments to or recodifications of such statutes. The definition shall not include the storage, use, generation, recycling, or disposal of hazardous materials as a secondary effect, product, or input of a Permitted Use on the same Lot as the Permitted Use. 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 or Emergency Shelter 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 26.4.1-20), "Incidental Use," such as office space, design area or showroom 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. Incidental Use shall not include a Retail Use, but may include mail-order or internet sales in connection with a 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 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. 26.4.1-2. Uses Permitted of Right. The following uses of Buildings and land are permitted of right in the I Zone. (a) Industrial Use. (b) Data Centers. (c) Cold Storage Warehouses. (d) Industrial Gas Manufacturing. (e) Telecommunications Antenna and Cell Towers. (f) Warehouse Use (other than Cold Storage Warehouses). (g) Wholesale Use. (h) 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. (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 Retail Use), but does include the right to sublease to a separate tenant office space only within an existing office area. Ancillary Use does not include Outdoor Storage and Activities. (5) The cumulative total area dedicated to all Ancillary Uses (including any Ancillary Retail Use permitted with a Minor Conditional Use Permit) shall not exceed twenty percent (20%) of the gross floor area occupied by a Permitted Use. (i) 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. (3) Incidental Use includes offices, design areas and showrooms related to the Permitted Use, but does not include the right to sell at retail. Incidental Use does not include Outdoor Storage and Activities. (4) The cumulative total area dedicated to all Incidental and Ancillary Uses (including Ancillary Retail Uses) shall not exceed fifty percent (50%) of the gross floor area occupied by a Permitted Use. (h) Any activity or use undertaken by the City. Sec. 26.4.1-4. Uses That May Be Permitted by Minor Conditional Use Permit. The uses set forth in this Section 26.4.1-4, may be permitted in the I Zone with a Minor Conditional Use Permit. (a) Ancillary Retail 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 Retail 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 Ancillary Retail Use is located upon the same Lot as that Person's Permitted Use and sufficient parking is provided. (3) The Ancillary Retail Use is used solely and exclusively by the Person for that Person's Permitted Use and the sell at retail is only for products manufactured onsite or products imported and stored in bulk as part of the Person's Permitted Use. (4) Ancillary Retail Use includes the right to sell at retail any day week but does not include Outdoor Storage and Activities including the outdoor display of merchandise. (5) The cumulative total area dedicated to all Ancillary Uses (including any Ancillary Retail Use) shall not exceed twenty percent (20%) of the gross floor area occupied by a Permitted Use. Table 26.5.1-6(b) Minimum Number of Required Automobile Parking Spaces(') Use Type Required Spaces Industrial Use, Industrial Gas Manufacturing, and Recycling Facility (Including Floor Area Used for Ancillary One (1) space per 1,000 square feet of gross Floor Area Uses) Commercial Uses One (1) space per 250 square feet of gross Floor Area Incidental Uses One (1) space per 250 square feet of Floor Area of Incidental Use Data Centers One (1) space per 1,250 square feet of gross Floor Area Emergency Shelter One (1) space for each five (5) beds plus two (2) additional spaces. Health Clubs (gyms) One (1) space per 200 square feet of gross Floor Area One (1) space for each three (3) fixed seats, or where no Religious Uses fixed seats are provided, one (1) space for every 35 gross square feet of gross Floor Area Residential Uses Parking Determined Pursuant to Development Agreement, but no less than one (1) space for each unit. Restaurant (Take out) Eight (8) spaces per 1,000 square feet of gross Floor Area Restaurant (Sit down) One (1) space per 100 square feet of gross Floor Area Retail (less than 25,000 square feet) and multiple tenant Retail One (1) space per 250 square feet of gross Floor Area Retail (25,000 square feet or greater) - One (1) space per 250 square feet for the first 25,000 Single tenant only square feet of gross Floor Area and then one (1) space per each additional 500 square feet of gross Floor Area Studios (dance, etc.) One (1) space per 200 square feet of gross Floor Area Trade Schools One (1) space per 50 square feet of gross Floor Area Truck Terminals and Freight Terminals Parking shall be provided as determined by a parking study prepared for the specific use. Warehouse Use, General 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 Warehouse Use, Cold Storage the first 50,000 square feet, and one (1) space per 5,000 square feet of gross Floor Area above 50,000 square feet Note (1) Through the Conditional Use Permit and Minor Conditional Use Permit processes, the City may require additional parking for a specific use or application. A Table 26.5.1-6(c) Minimum Required Truck Loading Spaces Use Type Required Spaces Industrial Use, Warehouse Use, Industrial Gas Manufacturing (including Floor Area used for Ancillary and One (1) space per 10,000 square feet of Incidental Uses) gross Floor Area Cold Storage Warehouses One (1) space per 7,500 square feet of gross Floor Area Data Centers One (1) space per 50,000 square feet of gross Floor Area Loading shall be provided as determined by Commercial Use and Retail Use a parking study prepared for the specific use. Table 26.5.1-6(d) Minimum Required Truck Parking Spaces Use Type I Required Spaces Industrial Use, Cold Storage Warehouses, Warehouse Use, Industrial Gas Manufacturing (including Floor Area used for Ancillary and Incidental Uses) 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 ORDINANCE NO. 1247 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VERNON AMENDING CHAPTERS 24, BUILDING AND CONSTRUCTION, AND 26, ZONING, OF THE VERNON MUNICIPAL CODE, MODIFYING THE 2016 CALIFORNIA GREEN BUILDING STANDARDS CODE AND PERMITTING BY RIGHT INCIDENTAL USES AND MODIFYING THE PARKING AND LOADING REQUIREMENTS FOR SUCH USES IN THE INDUSTRIAL "I" ZONE; 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 December 6, 2016, the City Council of the City of Vernon adopted Ordinance No. 1237, adopting the 2016 California Building Code with amendments; and WHEREAS, the State of California Building Standards Commission has advised the City that it must modify its findings for the adoption of the 2016 California Green Building Standards Code; and WHEREAS, on January 16, 2008, 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 (the "Zoning Ordinance"); and WHEREAS, by memorandum dated October, 3, 2017, the Director of Public Works has recommended that the amendments to the 2016 California Green Building Standards should be modified and that the City of Vernon Zoning Ordinance be amended to (i) redefine Incidental Uses, (ii) allow Incidental Uses in the industrial "I" zone as a matter of right; and (iii) establish parking requirements for Incidental Uses; 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: Article XIV of Chapter 24 of the Vernon Municipal Code is hereby amended as set forth in Exhibit A, which is attached hereto and incorporated herein by reference. SECTION 3: Chapter 26 of the Vernon Municipal Code is hereby amended as set forth in Exhibit B, which is attached hereto and incorporated herein by reference. SECTION 4: Any ordinance, part of an ordinance, or code section in conflict with this Ordinance is hereby repealed. SECTION 5: Severability. If any chapter, article, section, subsection, subdivision, paragraph, sentence, clause, phrase, or word 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 - 2 - 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 6: 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. - 3 - SECTION 7: 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 day of ATTEST: City Clerk / Deputy City Clerk APPROVED AS TO FORM: Brian Byun, Senior Deputy City Attorney Name: 2017. Title:Mayor / Mayor Pro-Tem - 4 - STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, , City Clerk / Deputy City Clerk of the City of Vernon, do hereby certify that the foregoing Ordinance, being Ordinance No. 1247 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, October 3, 2017, and thereafter adopted at a meeting of said City Council held on Tuesday, , 2017, by the following vote: AYES: NOES: ABSENT: Councilmembers: Councilmembers: Councilmembers: And thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this day of (SEAL) 2017, at Vernon, California. City Clerk / Deputy City Clerk - 5 - EXHIBIT A Exhibit "A" Sec. 24.107. Green Building Standards Code amendments, additions, and deletions. The 2016 Edition of the California Green Building Standards Code is hereby amended as follows: (a) Section 101.12 is hereby added to the 2016 California Green Building Standards Code to read as follows: Section 101.12 Green building standards permit fee. Green Building Standards permit fees shall be set forth in a fee schedule adopted by resolution of the City Council. A reinspection fee may be assessed for each inspection or reinspection when such portion of the work for which an inspection is called is not complete or when corrections called for are not made. Reinspection fees may be assessed when the inspection record card is not posted or otherwise available at the work site, the approved plans are not readily available to the inspector, for failure to provide access on the date and time for which the inspection is requested, or for deviating from the plans requiring the approval of the building official. In instances where reinspection fees have been assessed, the city may deny additional inspection of the work until the required fees are paid. the Ga4ifbfnia Green Building Standards Code in alphabefieal order- to rvad as fellewF. SUSTAINABILITY. Consideration of present development and eenstruetion impaets on th (b) The definition of "sustainability" is hereby added to Seetion 202 of the 2016 Edition 0 (e) Seetien 301.1 ef the 2016 Edition of the Cal-ifia-M-tia Gr-eea Building Standards Code is her-eby amended to read as follows -it 301.1 Seope. Buildings shall be designed to inelude the green building Measufes speeified as manda4er-y in this eede. Veluntai=y green building measufes are also ineluded in this eede an by this ee e, but are not required ..r.1ess they are adopted by a eity or- eou ty as speei fieil i Seaga« 1 n1 l �(d) cee fie« 201 1the1 of the 2016 Edition of the CaliGreen Building fni GreeStandards Code ; hereby amended to read as fellewsL ceetion 30 1 1 Additions and alterations [HC-Dj The mandM is oF(''hapter e shall be applied to additions or- alterations of exis4ing residential buildings. Code seefiens relevant to additions and afterafiens shall only apply to the pei4ions of the building being added of altered within r, the seepe of the fmit4e.1 w rk alterations,Note.! On and after- januafy 1, 2014, residential buildings tmder-geing pefmit4ed finaladditions ents shall r-eplaee neneefnplian4 plumbing fixtwes m4th water- eenseFvIng 1 tier eert;fieete o eee, parley r final r .w;t approval b y the leeel building , er ,1epaFtme.,t See Civil Code Seet;e., 1 1 nt 1 et s for- the definition of e r pl;e,.t () Seetion 5.408.3 f the 2016 Edition of the Calif fni Green Building Ste.,aerds Code ; hereby amended to read as followsi 5.408.3 E * a it and land searing debris [BSCI 1 nn t ftreee stumps, reeks - and iicat-m�crcnr=o-jvn cTry v�crccirrorcrcca,�.� rmrrp� � " rl 71 N'.. NOW • Mm e igo' m • in :-!",a • � � _ 1 I ♦ \ I �\ 1 I 1 I _ ♦ • ♦ _ � • 1 I _WWII 9 A WA W-� WA - k IM , I , ! ! ; • o; Mr. fte- • • PORTION MYVal• . 1 _ i 1p • 1 _ i Win • MINN", NUM ER OF i TIER /17�� Y 1 G�� jT ANPERSONAL CT�Tn�x79WG14 AAT!'P; FACILITIES �7 REQUIRED TEN - DDD SON A T L'T� FELTS LOCKERS S OCCUPANTS 0-4-0 1 tiniseN. s1,E, W 50 1 unisex sL..,,,,o. _ .. �. • i •19M.M.. M-. .�_ • i EXHIBIT B Exhibit "B" Sec. 26.2.6. Definitions (H-I). Hazardous Waste Facility shall mean any facility or location which has a primary function to store or process, treat, transfer, dispose of, or recycle all substances defined as hazardous waste, acutely hazardous waste, extremely hazardous waste, or biohazardous waste as defined by the State of California in Health and Safety Code Sections 25110.02, 25115, 25117, and 117635 or in any amendments to or recodifications of such statutes. The definition shall not include the storage, use, generation, recycling, or disposal of hazardous materials as a secondary effect, product, or input of a Permitted Use on the same Lot as the Permitted Use. 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 or Emergency Shelter 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 26.4.1-2(i)4(a), "Incidental Use," such as office space, design area or showroom 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. Incidental Use shall not include a Retail Use, but may include mail-order or internet sales in connection with a 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 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. 26.4.1-2. Uses Permitted of Right. The following uses of Buildings and land are permitted of right in the I Zone. (a) Industrial Use. (b) Data Centers. (c) Cold Storage Warehouses. (d) Industrial Gas Manufacturing. (e) Telecommunications Antenna and Cell Towers. (f) Warehouse Use (other than Cold Storage Warehouses). (g) Wholesale Use. (h) 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. (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 Retail Use), but does include the right to sublease to a separate tenant office space only within an existing office area. Ancillary Use does not include Outdoor Storage and Activities. (5) The cumulative total area dedicated to all Ancillary Uses (including any Ancillary Retail Use permitted with a Minor Conditional Use Permit) shall not exceed twenty percent (20%) of the gross floor area occupied by a Permitted Use. (i) 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 a M Conditional Use Permit ; appr-eved and 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. (3) Incidental Use includes offices design areas and showrooms related to the Permitted Use but does not include the right to sell at retail. Incidental Use does not include Outdoor Storage and Activities. (4) The cumulative total area dedicated to all Incidental and Ancillary Uses (including Ancillary Retail Uses) shall not exceed fifty percent (50%) of the gross floor area occupied by a Permitted Use. _JW Any activity or use undertaken by the City. Sec. 26.4.1-4. Uses That May Be Permitted by Minor Conditional Use Permit. The uses set forth in this Section 26.4.1-4, may be permitted in the I Zone with a Minor Conditional Use Permit. (a) ineidental Use. Eaeh eeeupant er- user- on the Pr-epei4y and eaeh ttenaat in a multi tenant eenneetion NN4h that Per-sen's PeFmWed Use, if a Minor- Conditional Use Pefmit is appr-eved and the f lle r-er-iter-ia e s isfied. M\ The ineidental T T is 1 + d upon the Lot as th t D ' D tt ' T T Use, but d t ' 1 d the l,t to 11 t retail.inn do.,tal Use doe of : el de Outdee 4-J , .Q aura �u '".,a. �'. (4) The eumu1 t' t t i area d d' t d t it T i t 1 d A« ill . Use (inealuding 0 Do..mitted Use. (ab) Ancillary Retail 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 Retail 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 Ancillary Retail Use is located upon the same Lot as that Person's Permitted Use and sufficient parking is provided. (3) The Ancillary Retail Use is used solely and exclusively by the Person for that Person's Permitted Use and the sell at retail is only for products manufactured onsite or products imported and stored in bulk as part of the Person's Permitted Use. (4) Ancillary Retail Use includes the right to sell at retail any day week but does not include Outdoor Storage and Activities including the outdoor display of merchandise. (5) The cumulative total area dedicated to all Ancillary Uses (including any Ancillary Retail Use) shall not exceed twenty percent (20%) of the gross floor area occupied by a Permitted Use. Table 26.5.1-6(b) Minimum Number of Required Automobile Parking Spaces(l) Use Type Required Spaces Industrial Use, Industrial Gas Manufacturing, and Recycling Facility One (1) space per 1,000 square feet of gross Floor Area (Including Floor Area Used for Ancillary Uses Commercial Uses One (1) space per 250 square feet of gross Floor Area Incidental Uses One (1) mace per 250 square feet of Floor Area of Incidental Use Data Centers One (1) space per 1,250 square feet of gross Floor Area One (1) space for each five (5) beds plus two (2) additional Emergency Shelter spaces. Health Clubs (gyms) One (1) space per 200 square feet of gross Floor Area One (1) space for each three (3) fixed seats, or where no Religious Uses fixed seats are provided, one (1) space for every 35 gross square feet of gross Floor Area Parking Determined Pursuant to Development Agreement, Residential Uses but no less than one (1) space for each unit. Restaurant (Take out) Eight (8) spaces per 1,000 square feet of gross Floor Area Restaurant (Sit down) One (1) space per 100 square feet of gross Floor Area Retail (less than 25,000 square feet) and One (1) space per 250 square feet of gross Floor Area multiple tenant Retail One (1) space per 250 square feet for the first 25,000 Retail (25,000 square feet or greater) - square feet of gross Floor Area and then one (1) space per Single tenant only each additional 500 square feet of gross Floor Area Studios (dance, etc.) One (1) space per 200 square feet of gross Floor Area Trade Schools One (1) space per 50 square feet of gross Floor Area Truck Terminals and Freight Terminals Parking shall be provided as determined by a parking study prepared for the specific use. Warehouse Use, General One (1) space per 1,000 square feet of gross Floor Area Warehouse Use, Cold Storage 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 Note (1) Through the Conditional Use Permit and Minor Conditional Use Permit processes, the City may require additional parkin for or a specific use or application. Table 26.5.1-6(c) Minimum Required Truck Loading Spaces Use Type Required Spaces Industrial Use, Warehouse Use, Industrial Gas One (1) space per 10,000 square feet of Manufacturing (including Floor Area used for Ancillary and gloss Floor Area Incidental Uses) One (1) space per 7,500 square feet of Cold Storage Warehouses gross Floor Area One (1) space per 50,000 square feet of Data Centers gross Floor Area Loading shall be provided as determined by Commercial Use and Retail Use a parking study prepared for the specific use. Table 26.5.1-6(d) Minimum Required Truck Parking Spaces Use Type I Required Spaces Industrial Use, Cold Storage Warehouses, Warehouse Use, Industrial Gas Manufacturing (including Floor Area used for Ancillary and Incidental Uses) 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 WHOMP=N€E'S Since 1979 ��t�#rrrt (��uu� uC7Cir�t#iLt�$, �lxtr. 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 the above -entitled matter. I am the principal clerk of the printer of EASTERN GROUP PUBLICATIONS' EASTSIDE SUN, NORTHEAST SUN, BELL GARDENS SUN, VERNON SUN, COMMERCE COMET 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: SEPTEMBER 21, all in the year 2017. I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at LOS ANGELES, California, this 211 day of SEPTEMBER, 2017. Signature C�1e This space is for the County Clerks Filing Stamp CITY OF VERNON Proof of Publication of Citv of Vernon Notice of Public Hearing Tuesday, October 3, 2017 Ordinance to Amend Chapters 24 and 26 of the Vernon Municipal Code CITY OF VERNON NOTICE OF PUBLIC HEARING REGARDING THE PROPOSED ORDINANCE TO AMEND CHAPTERS 24 AND 26OFTHE VERNON MUNICIPAL CODE The City of Vernon will conduct a Public Hearing, which you may attend. PLACE: Vernon City Hall, City Council Chamber 4305 Santa Fe Avenue, Vernon, CA 90058 DATE & TIME: Tuesday, October 3, 2017 at 9:00 a.m. (or as soon thereafter as the matter can be heard) PURPOSE/SUBJECT: Consider the adoption of an Ordinance to amend the Vernon Municipal Code Chapter 24, Building and Construction regarding the 2016 Green Building Standards Code and Chapter 26, regarding Incidental Uses and repealing all prior ordinances and part of ordinances in conflict therewith. DOCUMENTS FOR REVIEW: Notice is hereby given that a hard copy of the proposed ordinance will be available for public review during normal business hours in the City Clerk Department, located at 4305 Santa Fe Avenue, Vernon, California, between the hours of 7:00 a.m. and 5:30 p.m. Monday through Thursday. Please send your comments or questions to: Daniel Wall, Director of Public Works City of Vernon 4305 Santa Fe Avenue, Vernon, CA 90058 (323) 583-8811 Ext. 305 Email: dwall@ci.vernon.ca.us PROPOSED CEQA FINDING: Staff will recommend that the City Council find that this action is not subject to the California Environmental Quality Act (CEQA) as this ordinance is not considered a "project" under CEQA which is defined as a whole of an action directly undertaken by a public agency which has the potential for resulting in either a direct physical change in the environment or a reasonable foreseeable indirect physical change in the environment, Cal. Pub. Res. Code Section 21065. Under the proposed ordinance, no such activity is being undertaken. Even if the ordinance were to be considered a "project" under CEQA, which is not the case, the ordinance would be covered by the general rule set forth in CEQA Guidelines Section 15061(b) (3) which provides that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Here, the ordinance involves the adoption of amendments to revise state -mandated construction codes merely to improve the safety of buildings and no longer require a minor conditional use permit for an Incidental Use and will not have any effect on the environment. If you challenge the adoption of an Ordinance to amend Chapter 24, Building and Construction and Chapter 26, Incidental Uses of the Vernon Municipal Code and repealing all prior ordinances and part of ordinances in conflict therewith or any provision 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. Americans with Disabilities Act (ADA): In compliance with ADA, if you need special assistance to participate in the meeting, please contact the Office of the City Clerk at (323) 583-8811 ext. 546. The hearing may be continued or adjourned or cancelled and rescheduled to a stated time and place without further notice of a public hearing. Dated: 9/20/2017 Maria E. Ayala City Clerk CITY OF VERNON CITY COUNCIL MEETING October 3, 2017 ORDINANCE NO. 1247 SUMMARY (Amending Chapters 24, Building and Construction, and 26, Zoning, of the Vernon Municipal Code, modifying the 2016 California Green Building Standards Code and Permitting by Right Incidental Uses and modifying the Parking and Loading Requirements for Such Uses in the Industrial "I" Zone; and repealing all ordinances or parts of ordinances in conflict herewith) A CERTIFIED COPY OF THE FULL TEXT OF PROPOSED ORDINANCE NO. 1247 IS AVAILABLE IN THE OFFICE OF THE CITY CLERK LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA. Ordinance No. 1247 was duly introduced at a regular meeting of the City Council of the City of Vernon held on October 3, 2017. Ordinance No. 1247 is scheduled to be considered for adoption by said Council at a regular meeting to be held on October 17, 2017. The proposed Ordinance No. 1247 would amend Chapters 24, Building and Construction, and 26, Zoning, of the Vernon Municipal Code, modifying the 2016 California Green Building Standards Code and Permitting by Right Incidental Uses and modifying the Parking and Loading Requirements for Such Uses in the Industrial "I" Zone; and repeal 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. 1247 was duly introduced to the City Council of the City of Vernon at a regular meeting held on October 3, 2017, and said Ordinance is scheduled to be considered for adoption at a regular meeting of the City Council to be held on October 17, 2017. Dated: 10/3/2017 . (:�� 6z Mari E. Ayala, C' Clerk This space is for the County Clerk's Filing Stamp 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 the above -entitled matter. I am the principal clerk of the printer of EASTERN GROUP PUBLICATIONS' EASTSIDE SUN, NORTHEAST SUN, BELL GARDENS SUN, VERNON SUN, COMMERCE COMET 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: OCTOBER 05, all in the year 2017. 1 certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at LOS ANGELES, California, this 051HH day of OCTOBER, 2017. CITY OF VERNON Proof of Publication of City of Vernon City Council Meeting October 3, 2017 Ordiance No. 1247 Summary CITY OF VERNON CITY COUNCIL MEETING October 3, 2017 ORDINANCE NO. 1247 SUMMARY (Amending Chapters 24, Building and Construction, and 26, Zoning, of the Vernon Municipal Code, modifying the 2016 California Green Building Standards Code and Permitting by Right Incidental Uses and modifying the Parking and Loading Requirements for Such Uses in the Industrial "I" Zone; and repealing all ordinances or parts of ordinances in conflict herewith) A CERTIFIED COPY OF THE FULL TEXT OF PROPOSED ORDINANCE NO. 1247 IS AVAILABLE IN THE OFFICE OF THE CITY CLERK LOCATED AT 4305 SANTA FIE AVENUE, VERNON, CALIFORNIA. Ordinance No. 1247 was duly introduced at a regular meeting of the City Council of the City of Vernon held on October 3, 2017. Ordinance No. 1247 is scheduled to be considered for adoption by said Council at a regular meeting to be held on October 17, 2017. The proposed Ordinance No. 1247 would amend Chapters 24, Building and Construction, and 26, Zoning, of the Vernon Municipal Code, modifying the 2016 California Green Building Standards Code and Permitting by Right Incidental Uses and modifying the Parking and Loading Requirements for Such Uses in the Industrial "I" Zone; and repeal 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. 1247 was duly introduced to the City Council of the City of Vernon at a regular meeting held on October 3, 2017, and said Ordinance is scheduled to be considered for adoption at a regular meeting of the City Council to be held on October 17, 2017. Dated: 10/3/2017 Maria E. Ayala , City Clerk Signature CITY OF VERNON CITY COUNCIL MEETING OCTOBER 24, 2017 ORDINANCE NO. 1247 SUMMARY (Amending Chapters 24, Building and Construction, and 26, Zoning, of the Vernon Municipal Code, modifying the 2016 California Green Building Standards Code and Permitting by Right Incidental Uses and modifying the Parking and Loading Requirements for Such Uses in the Industrial "I" Zone; and repealing all ordinances or parts of ordinances in conflict herewith) A CERTIFIED COPY OF THE FULL TEXT OF ADOPTED ORDINANCE NO. 1247 IS AVAILABLE IN THE OFFICE OF THE CITY CLERK LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA. On October 24, 2017, the City Council of the City of Vernon approved and adopted Ordinance No. 1247 amending Chapters 24, Building and Construction, and 26, Zoning, of the Vernon Municipal Code, modifying the 2016 California Green Building Standards Code and Permitting by Right Incidental Uses and modifying the Parking and Loading Requirements for Such Uses in the Industrial "I" Zone; 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. 1247 was duly approved and adopted by the City Council of the City of Vernon at a regular meeting held on October 24, 2017, and passed by said Council by the following vote: AYES: COUNCILMEMBERS: YBARRA, WOODRUFF-PEREZ, DAVIS, MARTINEZ, AND LOPEZ NOES: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Dated: October 24, 2017 Maria . Ayala, Cit Clerk This space is for the County Clerk's Filing Stamp '�Iastrrn 05raup 13uhliratians, �Iinr. ir 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 overthe age of eighteen years, and not a party to or interested in the above -entitled matter. I am the principal clerk of the printer of- -- EASTERN GROUP PUBLICATIONS' EASTSIDE SUN, NORTHEAST SUN. BELL GARDENS SUN, VERNON SUN, COMMERCE COMET 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: OCTOBER 26, all in the year 2017. 1 certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at LOS ANGELES, California, this 26LH- day of OCTOBER, 2017. A(aX 0, C,Y Signature CITY OF VERNON Proof of Publication of City of Vernon Council Meeting October 24, 2017 Ordinance No. 1247 Summary CITY OF VERNON CITY COUNCIL MEETING OCTOBER 24, 2017 ORDINANCE NO. 1247 SUMMARY (Amending Chapters 24, Building and Construction, and 26, Zoning, of the Vernon Municipal Code, modifying the 2016 California Green Building Standards Code and Permitting by Right Incidental Uses and modifying the Parking and Loading Requirements for Such Uses in the Industrial "I" Zone; and repealing all ordinances or parts of ordinances in conflict herewith) A CERTIFIED COPY OF THE FULL TEXT OF ADOPTED ORDINANCE NO. 1247 IS AVAILABLE IN THE OFFICE OF THE CITY CLERK LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA. On October 24, 2017, the City Council of the City of Vernon approved and adopted Ordinance No. 1247 amending Chapters 24, Building and Construction, and 26, Zoning, of the Vernon Municipal Code, modifying the 2016 California Green Building Standards Code and Permitting by Right Incidental Uses and modifying the Parking and Loading Requirements for Such Uses in the Industrial "I" Zone; and repealing all ordinances or parts of ordinances in conflict herewith. (, Maria E. Ayala, City Clerk of the City of Vernon, do hereby certify that Ordinance No. 1247 was duly approved and adopted by the City Council of the City of Vernon at a regular meeting held on October 24, 2017, and passed by said Council by the following vote: AYES: COUNCILMEMBERS: YBARRA, WOODRUFF-PEREZ, DAVIS, MARTINEZ, AND LOPEZ NOES: COUNCILMEMBERS ABSTAIN: COUNCILMEMBERS i Dated: October 24, 2017 Maria E. Ayala , City Clerk