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Ordinance No. 1293ORDINANCE NO. 1293 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VERNON ADDING AND AMENDING VARIOUS CHAPTERS IN TITLE 17 - ZONING OF THE VERNON MUNICIPAL CODE TO ALLOW MIXED USE INDUSTRIAL ZONING ALONG SANTA FE AVENUE SECTION 1. Recitals. A. The City of Vernon (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. B. Vernon Municipal Code Title 17 – Zoning (Zoning Code), establishes zoning regulations and provisions in the City and designates, regulates, and restricts various matters of zoning and land use. C. The City Council desires to amend the Zoning Code to allow mixed use industrial zoning along Santa Fe Avenue (Westside Amendments). In the enactment of this title, the City Council has given due and special consideration to the industrial nature of the City, and to the City’s continuing focus on providing a suitable location for industry and the infrastructure and services required to serve industrial activities. The City’s intent is to continue to support the ongoing industrial character of the City, while recognizing the changing industrial environment throughout the United States and globally, and to respond appropriately. The City Council has further seriously considered the impact of the City’s historically industrial environment and resulting land use incompatibilities with certain other uses as a result of, among other issues, the storage, use, transportation, and processing of hazardous materials; background contamination; noxious odors; noise pollution; and truck and railroad traffic throughout the City. D. In preparation for the Westside Amendments, during the past 34 months staff and/or members of the City Council have participated in five items presented to the City Council, seven Stakeholder Committee meetings, and six one-on-one meetings with owners of property within the proposed zoning districts. E. A duly-noticed public hearing has been held to consider the proposed Zoning Code changes, and public testimony has been received and considered. F. By separate resolution, the City Council is amending the General Plan and certifying the Final Program Environmental Impact Report related to the Westside Amendments. Ordinance No. 1293 Page 2 of 66 THE CITY COUNCIL OF THE CITY OF VERNON HEREBY ORDAINS: SECTION 2. The City Council of the City of Vernon finds and determines that the above recitals are true and correct and are a substantial part of this ordinance. SECTION 3. This ordinance was assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the environmental regulations of the City. The City Council hereby finds that the proposed action is exempt from CEQA review because it is general policy and procedure-making activity that is unrelated to any specific project, which must undergo separate CEQA review, and that will not result in direct physical changes or reasonably foreseeable indirect physical changes in the environment, and therefore does not constitute a “project” as defined by CEQA Guidelines Section 15378. In compliance with CEQA Guidelines (California Code Regulations, Title 14, Section 15000 et seq.), the City of Vernon prepared the Final Program Environmental Impact Report for the Westside Amendments to the General Plan and for the Westside Amendments to Title 17 of the Vernon Municipal Code, as set forth and certified in a separate resolution amending the General Plan. SECTION 4. Section 17.04.020 is amended to read as follows: 17.04.020 Purpose and intent. The purpose of this title is to consolidate and coordinate all existing zoning regulations and provisions into one comprehensive zoning plan that designates, regulates, and restricts the use, location, and size of buildings, ancillary structures, and land for industrial uses and other permitted purposes and that establishes performance and development standards in order to protect the public health, safety, and welfare. To achieve these purposes, this title establishes zones within the City and various overlay zones of such number, shape, and area as have been deemed best suited to carry out these regulations and provide for the administration and enforcement of said regulations. It is declared that in the enactment of this title, the City Council has given due and special consideration to the industrial nature of the City, and to the City’s continuing focus on providing a suitable location for industry and the infrastructure and services required to serve industrial activities. The City’s intent is to continue to support the ongoing industrial character of the City, while recognizing the changing industrial environment throughout the United States and globally, and to respond appropriately. The City Council has further seriously considered the impact of the City’s historically industrial environment and resulting land use incompatibilities with certain other uses as a result of, among other issues, the storage, use, transportation, and processing of hazardous materials; background contamination; noxious odors; noise pollution; and truck and railroad traffic throughout the City. Ordinance No. 1293 Page 3 of 66 SECTION 5. Section 17.16.020 is amended to read as follows: 17.16.020 Definitions. Adult or sexually oriented businesses” shall have the same meaning as defined in Chapter 5.04, “Business License and Regulations,” Chapter 5.40, “Adult or Sexually Oriented Businesses” (See Section 5.40.020 of this Code), and shall be deemed to be a First Amendment protected use. Amendment” means a change in the wording, context, or substance of this title or a change in the zone or overlay zone boundaries or zone or overlay zone classifications upon the Zoning Map. Ancillary structure” means any structure that is built or constructed to be used in connection with the use of the property on which it is located, including items such as a fence, wall, steps, sign, or other structure built or composed of parts joined together in some definite manner, excluding a building, and shall also include any equipment anchored to the ground. Ancillary retail use” means a retail use customarily incidental or subordinate to a person’s permitted use, as further described in Section 17.22.040 that does not occupy more than 10% of the gross floor area occupied by the person’s permitted use. Any retail activity exceeding this limit shall be considered a primary use of property and subject to the land use regulations applicable to such use. Ancillary retail use shall not include mail-order or internet sales in connection with a permitted use. Ancillary use” means a use customarily incidental or subordinate to a person’s permitted use, as further described in Section 17.22.020(E), such as office space or showroom space that does not occupy more than 20% of the gross floor area occupied by the person’s permitted use. Ancillary use shall include mail-order or internet sales in connection with a permitted use. Art galleries” means a physical location where art is shown to the public and may be made available for purchase. Artisan Industrial” means industrial uses under 5,000 square feet per space which do not produce noise, vibration, fire hazard or noxious emissions that would disturb or endanger neighboring units or properties. Examples include artist and artisan studios, custom manufacturing, photofinishing or photography studios, commercial kitchens, and print shops. Auto Wrecker. See “Junk or salvage business.” Awning” means an architectural projection that provides weather protection, identity, or decoration, and which projects from and is wholly supported by the exterior wall of a Ordinance No. 1293 Page 4 of 66 building to which it is attached, requiring no additional structure(s) for support. An awning is typically composed of canvas or other similar material. Big box retail” means a retail use with individual tenant space(s) over forty thousand 40,000) square feet housed in a newly constructed standalone commercial building. These types of uses engage in selling goods or merchandise to the general public as well as to other retailers, contractors, or businesses, and rendering services incidental to the sale of the goods. Billboard. See “Outdoor advertising structure.” Building” means any structure having a permanent roof supported by columns or walls and attached to the ground. Canopy” means any fixed roof-like structure or architectural projection of rigid construction that is structurally independent or supported by attachment to a building on one end and by not less than one stanchion on the outer end. Cell tower” means a structure intended to support equipment used to transmit and/or receive telecommunications signals, including monopoles, guyed, and lattice construction steel structures. CEQA” means the California Environmental Quality Act, California Public Resources Code Sections 21000—21189. Change of use” means any new use or change of activity, including any commencement of a new business activity, purpose, or use that requires a permit from the Department of Public Works pursuant to this title, except that a use permitted by a Temporary Use Permit or a Special Events Permit shall not be considered a Change of Use. City” means the City of Vernon. City Council” means the City Council of the City of Vernon. Code” means the Municipal Code of the City of Vernon. Cold storage warehouse” means a building or part of a building used primarily to store non-durable, perishable goods under refrigeration at temperatures of 35ºFahrenheit or lower, excluding areas used for the processing, preparing, or packaging of such goods for storage. Commercial use” means businesses that provide goods or services, including, but not limited to, banks, publishing and printing shops, equipment rental and leasing, offices, automotive repair, and urgent care facilities. Ordinance No. 1293 Page 5 of 66 Community facilities” means buildings and facilities intended to be used by the general public (or segments of the general public), including, without limitation, government offices, public schools, private schools (including special purpose schools, such as nursery schools or special interest schools, but not including trade schools), libraries, museums, senior citizen centers, day care centers, hospitals and emergency rooms, multi-use facilities, such as YMCAs and community centers, cemeteries, and other similar facilities, but not including a religious use, fitness and recreational facilities, or a convention venue, as defined below. Conditional Use Permit” means a discretionary permit granted by the City Council for certain uses of property not permitted of right because such uses require special review and may be subject to special conditions. The requirements for a Conditional Use Permit are set forth in Chapter 17.72. Contractor’s yard” means a permanent site that houses a contractor’s equipment or materials which are stored outdoors. Convention venues” means establishments providing space for public or private gatherings and meetings, including, but not limited to, banquet rooms, auditoriums, and conference/convention facilities. This definition does not include adult or sexually oriented businesses, religious uses, fitness and recreational facilities, or bars. Data center” means 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” means 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” means 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” means the development and performance standards described in Section 17.22.070, “Development and performance standards,” and/or development and performance standards identified for individual overlay zones in this title. Digital display” means the face of a sign or outdoor advertising structure that is comprised of a digital or electronic face with intermittent changeable messages. Director” means the City of Vernon Director of Public Works, or designee. Distributed generation” means 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 Ordinance No. 1293 Page 6 of 66 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” means 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), means 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. Encouraged” means a use permitted of right in the Mixed-Use zones and which, when combined with other encouraged uses, triggers incentives per Chapter 17.53. First Amendment protected uses” means those uses with legal precedent to be protected by the First Amendment to the United States Constitution, specifically those uses constitutionally protected due to “freedom of association” in the form of intimate association (“intimate human relations”) or expressive association (“engaging in those activities protected by the First Amendment—speech, assembly, petition for the redress of grievances, and the exercise of religion”). First Amendment protected uses shall include, but not be limited to, adult or sexually oriented businesses and tattoo parlors. Fitness and recreational facilities” means buildings and facilities used for fitness and recreational purposes, including, but not limited to, cross-fit and rock-climbing gyms, dance and martial arts studios, skate parks, roller derby, and spectator-related events related thereto. Floor area” means the total horizontal area of all floors contained within the exterior walls of all buildings, measured by the exterior dimensions of the building, on a lot. It shall include elevated storage areas and platforms, walkways, and similar interior structures or facilities used to provide access to such storage areas, but not where the same are used to provide access solely to machinery or equipment and are not normally occupied, except to maintain the equipment. Outdoor dining areas and balconies shall be considered floor area for determining the required parking and loading requirements. It shall not include awnings, or garages that are required parking for a permitted residential use. Floor area ratio” means the ratio of the floor area of all buildings on a lot to the buildable area of that lot. Ordinance No. 1293 Page 7 of 66 Force majeure” means an event that is not within the control of the owner of the property, including, without limitation, earthquake, flood, fire, and acts of war or terrorism. Freight terminal” means any lot, building, or portion thereof where goods or freight, excluding perishable goods, are transferred or redistributed from one vehicle to another; provided, however, that such use in connection with the operation of a warehouse use or cold storage warehouse shall not be deemed to be a freight terminal. A freight terminal shall not include any use involved in the storage of products for more than 72 hours. (For products stored longer than 72 hours, see “Warehouse use.”) Fueling station” means any establishments engaged in the retail sale of gasoline, diesel, and alternative fuel, lubricants, parts, and accessories, that may include accessory minor maintenance and repair of automobiles and light trucks, vans, or similar size vehicles (i.e., vehicles that have gross vehicle weights less than 10,000 pounds). Minor repair does include body and fender work. Garage” means a structure or portion of a structure completely enclosed by walls or doors on all sides that is designed or used to shelter one or more parking spaces. Goods Sales” means physical retail spaces where goods are sold. This includes warehouse stores and boutiques. Hazardous waste facility” means 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 Chapter 6.5 of Division 20 of the Health and Safety Code or in any amendments to or recodifications thereof. 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” means any building containing two 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, hostels, and any other structure or building other than a residence or emergency shelter used for the housing or sleeping of humans. Co-living and executive apartment facilities are also included in this definition. Co-living is dormitory style living with extensive common amenities targeting mostly single professionals. An executive apartment is a short-term, furnished apartment that caters to people who come to work in a community for a defined period of time or who move from another city. Incidental use” means a use that is in connection with a person’s permitted use, as further described in Section 17.22.040(E), such as office space, design area or showroom space, that occupies more than 20% but less than 50% of the gross floor area occupied by the Ordinance No. 1293 Page 8 of 66 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” means 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” means 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. Junk or salvage business” means an auto wrecker or any business dealing in, selling, distributing, or buying for resale scrap materials (that is, used or waste materials) that require processing or recycling to be useful, including, without limitation, metal, cloth, paper, glass, wood, cardboard, plastics, or comparable matter, including used consumer products, but shall not include a yard ancillary to an industrial use. Junk or salvage business shall not include a business that processes or recycles the scrap materials on- site as a recycling facility. Landscaping” means an area devoted to the growing of plants, including trees, shrubs, grasses, or groundcovers for the visual or aesthetic enjoyment of people. Landscaping may include synthetic turf, fountains or sculpture in a minor portion of the area. Legal nonconforming building or standards” means a building or ancillary structure or portion thereof which was lawfully erected or altered and maintained but which, because of the application of this title, no longer conforms to the regulations set forth in this Code applicable to the zone or overlay zone in which such building or ancillary structure is located, including failure to comply with the development standards or site planning standards applicable to such zone or overlay zone. Legal nonconforming use” means a use which was lawfully established and maintained but which, because of the application of this title, no longer conforms to the regulations set forth in this title applicable to the zone or overlay zone in which such use is located. Light Industrial” means industrial uses that do not create smoke, gas, odor, dust, noise, vibration of earth, soot, lighting, or other similar output to a degree that is offensive when measured at the property line of the subject property. The facilities have an emphasis on activities other than manufacturing and typically have minimal office space. Typical light industrial activities include printing, material testing and assembly of data processing Ordinance No. 1293 Page 9 of 66 equipment. These land uses are generally less than 50,000 square feet in gross floor area. Other examples include photographic processing shops, textiles, apparel and furniture upholstery, leather and leather products, appliance repair shops, and mechanical assembly cleaning. Live/Work” means units that combine a residential space and an adequate artistic, office or productive (work) space within the same unit. Loading space” means an off-street space that is maintained for the parking of a vehicle while loading or unloading merchandise or materials from the vehicle into a building located on the same lot as the space. Lot” means a quantity or parcel of land in the possession of, or owned by, or recorded as the property of the same claimant or person, and that is: 1. A parcel of real property when shown as a delineated parcel of land with a number or other designation on a tract or plat map recorded in the office of the County Recorder; 2. A parcel of land, the dimensions and boundaries of which are defined by a record of survey recorded pursuant to the provisions of the Subdivision Map Act of the State in the office of the County Recorder; or 3. A legal lot or parcel as defined in the California Subdivision Map Act. Where parcels of land in the same ownership are separately legally described and are developed as permitted by this Code, such individual parcels shall be considered as separate lots, but if a covenant that ties two or more lots has been recorded, all of the tied lots shall be treated as one lot. Major alteration or repair” means a renovation, alteration, or repair for which the hard costs charged, incurred, or paid for such renovation, alteration, or repair, over a three year period, commencing when the permit, if required, is issued, or if no permit is required, when the physical portion of the renovation, alteration, or repair is commenced, equals or exceeds 50% of the current fair market value of all of the buildings located on the same lot. For purposes of this title, the cost of the renovation, alteration, or repair shall exclude any costs incurred for environmental investigation, testing, and remediation. For purposes of this title, current fair market value shall be determined based only on the value of the building, and shall not include the value of the unimproved land, any personal property or equipment, or any parking lot or landscaping. Fair market value shall not include the cost or value of the contemplated renovation, alteration, or repair, and shall be determined without reference to damage caused by an event of force majeure, if any. If the owner and the City do not agree on the current fair market value, the parties shall rely on a current appraisal by an independent third party MAI appraiser having at least five years’ commercial real estate appraisal experience in the Los Angeles, California metropolitan area, obtained by the owner, at the owner’s expense. Ordinance No. 1293 Page 10 of 66 Manure fertilizer business” means a business dealing in, buying, selling, handling, processing, or storing of manure; provided, however, that manure fertilizer business shall not mean or include: (1) the storage and drying, grinding, and grading of manure upon the property where the same is produced as a result of or in connection with the operation of any business permitted in the S Overlay Zone; (2) manufacture of chemical fertilizers; or (3) fertilizer generated from sludge. Marijuana dispensary, store, co-op, or cultivation operation” means and includes any location, structure, facility, residence, or similar to the same used, in full or in part, as a place at or in which marijuana is sold, traded, exchanged, bartered for in any way, made available, located, stored, placed, planted, cultivated, or processed, including any of the foregoing if used in connection with the delivery of marijuana. Market” means a physical storefront with a focus on selling food and drink for off-site preparation, including a farmers’ market. Master Plan of Streets” means the Master Plan of Streets of the City of Vernon. Media Production Studios” means studio space for media production activities including: storyboarding, photography, audio recording, video recording, post-production editing, sound design, and any other media production activity. Minor alteration or repair” means a renovation, alteration, or repair for which the hard costs charged, incurred, or paid for such renovation, alteration, or repair, over a three- year period, commencing when the permit, if required, is issued, or if no permit is required, when the physical portion of the renovation, alteration, or repair is commenced, does not equal or exceed 50% of the current fair market value of all of the buildings located on the same lot. For purposes of this title, the cost of the renovation, alteration, or repair shall exclude any costs incurred for environmental investigation, testing, and remediation. For purposes of this title, current fair market value shall be determined based only on the value of the building, and shall not include the value of the unimproved land, any personal property or equipment, or any parking lot or landscaping. Fair market value shall not include the cost or value of the contemplated renovation, alteration, or repair, and shall be determined without reference to damage caused by an event of force majeure, if any. If the owner and the City do not agree on the current fair market value, the parties shall rely on a current appraisal by an independent third party MAI appraiser having at least five years’ commercial real estate appraisal experience in the Los Angeles, California metropolitan area, obtained by the owner, at the owner’s expense. Minor Conditional Use Permit” means a discretionary permit granted by the Director for certain uses of property not permitted of right because such uses require special review and may be subject to special conditions. Ordinance No. 1293 Page 11 of 66 Multi-Family Dwelling” means a building or a portion of a building used and/or designed as residences for two or more households living independently of each other. Apartments and condominium flats are multi-family dwellings while townhomes (attached single- family dwellings within a condominium parcel) are not considered multi-family dwellings. New construction” means the construction of a new building that is not attached to an existing building. Nightlife” means establishments that primarily serve alcoholic beverages (not including restaurants that primarily serve food, and that also serve alcoholic beverages), including, without limitation, bars, breweries, taverns, lounges, and nightclubs. Nightlife shall not include an adult or sexually oriented business, even if it serves alcoholic beverages. Occupancy” means the purpose for which a building, or part thereof, is used or intended to be used. Office Manufacturing” means a dual purpose space containing office spaces as well as spaces within which to manufacture goods, where manufacturing activities are directly related to and subservient to the office activities, such as design, engineering, testing, etc. Examples include R&D campuses and maker spaces. Offices” means uses where professional, administrative, or common business services are provided and which are not ancillary uses or incidental uses as defined by this title, such as, but not limited to, real estate firms, medical and professional offices, stock brokerages, and bond and insurance firms. Outdoor advertising structure” means any sign, logo, picture, transparency, mechanical device, billboard, or other representation (whether or not it includes words or logos) that is located off-site from the property where the product or service is offered and is intended to attract attention to any commodity, good, product, or service for any business or non- profit purpose or entity. An outdoor advertising structure shall not include any such sign or other structure that directs attention to the activity conducted, sold, or offered upon the property where the sign or other structure is located. Outdoor storage and activities” means any use of property for purposes of temporary or permanent storage of raw materials, storage or display of finished products or other materials, and including installation or storage of equipment (whether operational in the business or not operational) that is located outside of a building, except for parking of cars and trucks. Parking space” means a readily accessible space or area other than a street or alley that is permanently reserved, maintained, and accessible for the parking of one motor vehicle. Ordinance No. 1293 Page 12 of 66 Permitted use” means a use that is permitted on a lot, either by right as set forth in this title or by means of a Conditional Use Permit, Minor Conditional Use Permit, Temporary Use Permit, or as a legal nonconforming use. Person” means an individual, entity, or governmental agency other than the City of Vernon. Personal Services” means personal care services provided in storefronts. These services include dry cleaners, beauty salons, fitness studios, barbers, dog groomers, nail salons, massage businesses and similar uses. Massage businesses are separately regulated by Chapter 17.108. Petroleum refinery” means an establishment or plant primarily engaged in producing gasoline, kerosene, distillate fuel oils, residual fuel oils, lubricants, and other products from crude petroleum and its fractionation products through straight distillation, redistillation, cracking, or other processes. Petroleum-related use” means an establishment or plant for the blending or processing of petroleum products but not including a petroleum refinery or petroleum storage facility. Petroleum-related use does not include storage of fuel as an ancillary use to a permitted use. Petroleum storage facility” means an establishment, including a tank farm, for keeping and storing gasoline, kerosene, distillate fuel oils, residual fuel oils, lubricants, and other petroleum products, but not including storage of fuel as an ancillary use. Production retail” means retail uses with artisan or light industrial uses, where retail activities involve sale of the goods produced or processed on-site. This includes production beverage, production fashion, production furniture, and commercial food production. Property” means all adjacent lots under common ownership. Public storage” means a structure or series of structures divided into small sections and used by the general public for storage of goods or materials. Public utilities” means facilities owned or operated by an entity that is not the City of Vernon, that is subject to governmental regulation such as the California Public Utilities Commission, and that provides an essential commodity or service such as water, power, transportation, or communication to the public. It shall include electrical substations, water or wastewater treatment plants, and similar facilities of public agencies or public utilities, but shall not include property used solely for telecommunications antennae, cell towers, and related equipment. Ordinance No. 1293 Page 13 of 66 Recycling facility” means a facility that recycles used or waste materials, excluding hazardous waste, to convert and redistribute them, or a significant portion of them, as raw materials or to convert them and manufacture a product made wholly or partly from recycled materials, including a biodiesel facility. For these purposes, recycling means a process involving reconstituting materials that would otherwise become waste and returning them to the economic mainstream in the form of raw materials for new reuses or reconstituted products which meet the quality standards necessary to be used in the marketplace. Recycling facility does not include recycling activities undertaken as an ancillary use to a permitted use. Religious use” means use of a lot for religious assemblies, institutions, or structures. Rendering plant” means an establishment where one or more of the following items is cooked, melted down, extracted, clarified, or otherwise processed to produce oil, tallow, grease, fertilizer (other than fertilizer from manure), animal feed, or ash: carcasses of animals or fowl, dead animals or fowl, fish, blood, offal, bones, meat, animal or vegetable fat, feathers, food scraps or waste, and other animal, fowl, or fish byproducts. Rendering plant shall not include an establishment exclusively producing fats, oils, lard, or similar products for human consumption; nor, a rendering process in connection with and incidental to a slaughterhouse, abattoir, packing plant, or similar establishment producing food for human consumption. Residence” means and includes one or more rooms in a building managed or used as living quarters, including, without limitation: a building or buildings used as a single-family dwelling or a multifamily dwelling; a building or buildings used as a live-in treatment facility, substance abuse center, half-way house, or home for senior citizens, disabled persons, or other residential care facilities. Emergency shelter is specifically excluded from this definition. Residential care facilities” means facilities providing 24-hour residential, assisted living, social and personal care for children, the elderly, and people with limited ability for self- care, such as board and care homes; children’s homes; orphanages; rehabilitation centers; convalescent homes, nursing home and similar facilities. Residential use” means the development and use of a property exclusively with a residence or residences, and any accessory uses or buildings customarily associated with a residence, such as, but not limited to, private recreational facilities, private open space, and on-site support facilities to residents of the property. Restaurant” means a food establishment that serves food to customers for consumption on- or off-premises, including fast-food and full-service dining establishments. It includes, but is not limited to, walk-up counters, coffee shops, cafes, pizza parlors, and dine-in establishments. Ordinance No. 1293 Page 14 of 66 Retail use” means a business providing the point of final sale of goods directly to customers, including, without limitation, restaurants and coffee shops, grocery stores, and vehicle sales. Retail use shall not include mail-order or internet sales. Right-of-way” means the planned future ultimate width of a street as determined by the Master Plan of Streets. Salvage Yard. See “Junk or salvage business.” Server Farm. See “Data center.” Single-Family Dwelling” means a dwelling unit that is designed for occupancy by one household, located on a single parcel that does not contain any other dwelling unit (except an accessory dwelling unit, where permitted). Single-family dwellings include townhomes attached single-family dwellings where no unit is located above or below), even when included within a condominium. Site planning” and/or “site development standards” means the land use standards described in Section 17.22.080, “Site planning standards,” and/or site planning standards identified for individual overlay zones in this title. Slaughtering” means the industrial process of butchering animals and dressing and preparing the products of their carcasses for food or other purposes. Solid waste facility” means any facility or location that stores, processes, or transfers solid waste as defined in California Public Resources Code Section 40191, or in any amendments to or recodifications of such statute, and related regulations. Sound level” means the quantity in decibels measured by a sound level meter satisfying the requirements of American National Standards Specification for Sound Level Meters S1.4. The sound level meter shall be set at “A” weighting and at “SLOW” dynamic characteristic. Special event” means any event intended to attract 25 or more persons for a duration not to exceed 48 hours, such as indoor or outdoor sales event of product normally stored or produced onsite, outdoor or indoor meeting, ground breaking ceremony, holiday or special occasion party or similar event, or spectator event related to fitness and recreational facilities. Special Event Permit” means a permit issued by the Vernon Fire Department for a special event. Static display” means the face of a sign or outdoor advertising display that has a fixed, printed face and does not have a digital display. Ordinance No. 1293 Page 15 of 66 Street” means: (1) any public road or street (including a highway or freeway) or sidewalk owned or controlled by any governmental entity; or (2) any private recorded thoroughfare that affords a means of access to an abutting lot. Supportive housing” means housing with no limit on length of stay that is occupied by the target population as defined in the California Health and Safety Code Section 50675.14, and that is linked to on-site or off-site services that assist tenants to retain the housing, improve their health status, maximize their ability to live, and when possible, to work in the community. Tattoo parlors” means establishments whose principal business activity is one or more of the following: (1) using ink or other substances that result in the permanent coloration of the skin through the use of needles or other instruments designed to contact or puncture the skin; or (2) creation of an opening in the body of a person for the purpose of inserting jewelry or other decoration. Tattoo parlors are considered a First Amendment protected use. Telecommunications antenna” means a physical device or system through which electromagnetic, wireless telecommunications signals authorized by the Federal Communications Commission are transmitted or received. Temporary Use Permit” means a permit granted by an authorized agent of the City for certain uses of property not permitted of right because such uses might not meet the normal development or use standards of the applicable zone, but may otherwise be acceptable because of their temporary nature. Title” means this Title 17- Zoning of the City of Vernon. Trade school” means a facility or teaching unit designed to educate an adult on the skills needed to perform a specific job, apprentice education, and similar training. Trailer” means any vehicle or structure having no foundation other than wheels, blocks, skids, jacks, horses, or skirting, and which is, has been, or reasonably may be equipped with wheels or other devices for transporting the structure from place to place whether by motor power or other means. The term Trailer shall include camp car, house car, mobile home, camper, recreational vehicle (RV), or other vehicle whose uses may include cooking or sleeping. Trailer park” means any lot or portion thereof used or designed to accommodate two or more trailers used for housekeeping or sleeping or living quarters, and such definition shall include trailer courts, mobile home courts, and mobile home parks. Transitional housing” means temporary rental housing with length of stay that ranges between six months to two years for homeless individuals or families who are transitioning to permanent housing, operated under program requirements that call for the termination Ordinance No. 1293 Page 16 of 66 of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time. Transportation-related use” means any use that is the same or similar to a freight terminal or truck terminal, or that supports the movement of goods or people, such as taxi dispatch. A transportation-related use shall not include a public street or railroad right-of-way. Trash to energy facilities” means the process of creating energy in the form of electricity or heat from waste conversion. Truck terminal” means any lot, building, or portion of a lot or a building used primarily for the parking, storage, maintenance, repair, or servicing of highway-type vehicles carrying persons or property, including, but not limited to, trucks, buses, and cargo containers. Truck terminal does not include parking of vehicles in connection with a permitted use or repairing or maintaining vehicles used in connection with a permitted use on the same lot as the permitted use. Urgent care facility” means a facility used to provide medical screenings or to treat patients who have an injury or illness that requires immediate care, but is not serious enough to warrant a visit to a hospital emergency room. Variance” means an exception to the required development standards or site planning standards applicable to a property granted by the City Council based on the criteria and findings set forth in Chapter 17.68, “Variances.” Vibration” means discrete ground movement as measured by peak particle velocity in inches per second. Warehouse use” means a building or portion thereof used primarily for the storage of saleable goods or raw materials to be incorporated into saleable goods (including storage for distribution to other locations for wholesale or retail sale), but not including a cold storage warehouse. The storage of scrap materials shall not constitute a warehouse use. Wholesale use” means a building or part of a building used primarily for the storage and distribution of merchandise that is sold in large volumes to retailers or other professional businesses, but not to a standard retail consumer. Wholesale use includes the storage and distribution of merchandise for more than 72 hours. The storage and sale of scrap materials shall not constitute a wholesale use. Zone and overlay zone” means a section of the City to which regulations governing the use, area, size of buildings and ancillary structures, and other uniform regulations apply. Zoning Map” means the Comprehensive Zoning Map of the City of Vernon, as further described in Section 17.20.020, “Comprehensive Zoning Map.” Ordinance No. 1293 Page 17 of 66 SECTION 6. Sections 17.20.010(A) and (B) are amended to read as follows: 17.20.010 Zones and overlay zones of the City. A. Establishment of Zones and Overlay Zones. As a result of its commitment to making property available for industrial use and to carry out the purposes and provisions of this title, the City establishes the General Industry Zone (I Zone) and several mixed- use zones which also allow for industrial use. Within the I Zone, special categories of overlay zones have been established for the purpose of allowing special uses that are not otherwise permitted within the City. The zone, overlay zones, and mixed use zones are designated as follows, and either the name or the symbol may be used to refer to the I Zone or any of the overlay or mixed use zones. The boundaries of each of the overlay and mixed use zones are set forth in detail on the Zoning Map. 1. The I Zone is the General Industry Zone. 2. The Mixed Use Zones are: a. MU-CC – Mixed Use – City Center. b. MU-S – Mixed Use – Santa Fe South. c. MU-N – Mixed Use – Santa Fe North. d. MU-PH – Mixed Use – Pacific Hampton. 3. The Overlay Zones within the I Zone are: a. C-1 - Commercial-1 Overlay Zone. b. C-2 – Commercial-2 Overlay Zone. c. E - Emergency Shelter Overlay Zone. d. H – Housing Overlay Zone. e. R - Rendering Overlay Zone. f. S - Slaughtering Overlay Zone. g. T – Truck and Freight Terminal Overlay Zone. B. Uses Permitted of Right. It is the City’s intent to provide an acceptable location within the County of Los Angeles for industrial uses, including those that may not be compatible with land use elsewhere in much of the County. As a result of this intent and the City’s historically industrial environment, industrial uses are permitted in the I Zone and each of the overlay zones. Certain non-industrial uses are permitted in the I Zone in accordance with Section 17.22.020, “Permitted uses.” Certain non-industrial uses may be permitted in the C-1, C-2, E, H, R, S, and T Overlay Zones, as set forth in the descriptions of the uses permitted in those overlay zones. Industrial uses are also permitted of right in the mixed-use zones. Ordinance No. 1293 Page 18 of 66 SECTION 7. Section 17.20.030 is amended to read as follows: 17.20.030 Uncertainty as to zone boundaries. Where uncertainty exists with respect to the boundaries of any of the zones, as shown on the Zoning Map, the determination of the City Council as to the location thereof shall be final and conclusive. Any decision regarding the boundaries of an overlay zone shall follow the then existing lot lines. SECTION 8. Chapter 17.24 General Industry (I) Zone is renumbered to Chapter 17.22 and all references throughout the Code are hereby amended. SECTION 9. Chapter 17.23 is added to read as follows: Chapter 17.23 City Center District (MU-CC) Zone Sections: 17.23.010 Purpose and intent. 17.23.020 Use regulation. 17.23.030 Legal nonconforming uses. 17.23.040 Site planning standards. 17.23.010 Purpose and intent. A. The City Center District is intended to function as the downtown of Vernon. Building upon the government, educational, religious and residential uses which are already present in this district, the City Center is envisioned to grow to form a hub for retail, food, business and personal services and public spaces which will serve the entire Vernon community, including existing and future industrial workers who demand these services. New residential uses can also be located in this area to bring new life to the streetscape and to support the new service uses to the greatest extent possible. B. Standards and Nonconforming Uses. The regulation of uses and establishment of development standards and site planning standards set forth in the MU-CC Zone are those deemed necessary to establish a downtown environment. The right to use and maintain legal nonconforming uses and legal nonconforming building and standards in the MU-CC Zone and all overlay zones are governed by Section 17.64.010 - Legal nonconforming status. 17.23.020 Use regulation. A. Use Regulation. Tables 17.23.020(A) and 17.23.020(B) detail specific land uses within the MU-CC zone which are either encouraged, permitted of right, accessory, accessory or conditional, or prohibited. Ordinance No. 1293 Page 19 of 66 B. Definitions. Definitions of use classifications are given in Chapter 17.16. Per Section 17.12.010, the Public Works Director may interpret and apply these use classifications to individual cases. C. Commercial, Industrial, Warehouse Uses. Any commercial or industrial or warehouse use which is not included in Table 17.23.020(B) shall be permitted of right, conditionally permitted, or prohibited subject to all standards of the I Zone. Such uses include: research and development labs, commercial testing labs, computer/circuit board/semi-conductor manufacturing, research hospitals/labs (with medical waste), electric vehicle recharge facility, data center, specialty agriculture growing facility, auto body shops, gas dispensing facilities, metal plating shops, materials manufacturing, large manufacturing and assembly plants, industrial machinery, energy and utility operations, warehousing, logistics facility, and mini distribution center. Any commercial or industrial or warehouse use not included in Table 17.23.020(B) shall comply with parking, loading, intensity and approval standards of the I Zone, including Sections 17.22.020, 17.22.030, 17.22.035, 17.22.040, 17.22.050(B), 17.22.050(C), 17.22.080(A), 17.22.080(G), and Chapter 17.56. However, wrought iron fences are not permitted along Santa Fe Avenue. Such uses shall also be subject to standards governing minimum setbacks and ground/podium level open space as described in Table 17.23.040(A). Table 17.23.020(A) Residential and Office Uses Land Use Use Control General Regulations & Notes Primarily Residential Uses Single-Family Dwelling Permitted of Right Development and design standards of this Chapter do not apply; development standards are the following: Minimum front setback: 5 ft Maximum height: 3 stories / 35 feet Multi-Family Dwelling Permitted of Right All multi-family residential buildings greater than 20 units shall include 25% live/work units. All multi-family or live/work buildings greater than 100 units shall be conditional. Hotel Encouraged Residential Care Facilities Permitted of Right Live/Work Permitted of Right Must contain at least 200 square feet per unit of designated work space. See VMC Chapter 17.54 for detailed regulations Trailer Park Prohibited Emergency Shelter Prohibited Primary Office Uses Office Manufacturing Permitted of Right Media Production Studios Permitted of Right Offices Permitted of Right Ordinance No. 1293 Page 20 of 66 Table 17.23.020(B) Retail, Industrial, and Institutional Uses Land Use Use Control General Regulations & Notes Primarily Retail Uses Good Sales Permitted of Right Production Retail Encouraged Restaurant Encouraged Market Encouraged Art Galleries Encouraged Nightlife Conditional Personal Services Permitted of Right Big Box Retail Conditional Drive-Through Retail Conditional Subject to standards in VMC Chapter 17.112 Adult or Sexually Oriented Businesses Prohibited Fitness and Recreation Permitted of Right Primarily Production/Industrial Uses Artisan Industrial Encouraged Allowed activity within Live/Work Uses, Office Manufacturing Uses, and Production Retail Uses. See VMC Chapter 17.54 for detailed live/work regulations. Light Industrial Permitted of Right Allowed activity within Live/Work Uses, Office Manufacturing Uses, and Production Retail Uses. See VMC Chapter 17.54 for detailed live/work regulations. Primarily Civic/Institutional Uses Community Facilities Permitted of Right Trade School Permitted of Right Religious Use Permitted of Right 17.23.030 Legal nonconforming uses. A. Nonconforming Uses. The following uses are not permitted in any zone or overlay zone, except that any such use that exists as of the effective date of the ordinance codified in this title may be maintained as a legal nonconforming use, subject to the terms of Section 17.64.010 - Legal nonconforming status: 1. Junk or salvage business. 2. Public storage (including mini-storage) facilities. 3. Manure fertilizer business. 4. Contractor’s yard. 5. Freight terminals, solid waste facilities, truck terminals, transportation-related use, or hazardous waste facilities located outside of the T Overlay Zone. 6. Slaughtering plants located outside of the S Overlay Zone. Ordinance No. 1293 Page 21 of 66 7. Rendering plants located outside of the R Overlay Zone. 17.23.040 Site planning standards. A. Site Planning Standards and Nonconforming Uses. The following site planning standards set forth in Table 17.23.040(A) and illustrated in Figures 17.23.040(B) and 17.23.040(C) shall apply to all buildings, ancillary structures, land, uses, and businesses in the MU-CC Zone. Legal nonconforming uses and legal nonconforming buildings or standards are required to comply with applicable site planning standards at the time of the occurrence of an event described in Table 17.64.040 - Right to Continue Nonconforming Uses and Buildings. B. Additional Development Standards. For additional development standards see Chapter 17.53 – Incentives for Preservation Creative Uses and Affordable Housing and Chapter 17.54 - Mixed-Use Design Standards. Table 17.23.040(A) Standards Use Limitations Minimum Non-Residential Building Square Footage per Residential Unit 100 square feet Santa Fe Avenue Ground Floor Frontage Active Uses, minimum1 50% Percentage of Total Residential Units that must be Live/Work Less than 20 units None Over 20 units 25% Height2 Maximum, first 50 feet of frontage 4 stories/55 feet Maximum, other Unlimited Setbacks Santa Fe Avenue, minimum None Santa Fe Avenue, maximum 15 feet Vernon Avenue / Pacific Avenue, minimum 5 feet Vernon Avenue / Pacific Avenue, maximum 20 feet Local Street, minimum None3 Local Street, maximum 10 feet Interior Property Line, minimum None Streetwall and Frontage Building Streetwall at Setback4, Santa Fe Avenue, minimum 80% Building Streetwall at Setback4, Vernon Avenue/Pacific Avenue, minimum 60% Transperancy5, Santa Fe Avenue, minimum 50% Transperancy5, Vernon Avenue/Pacific Avenue, minimum 25% Transperancy5, Local Street, minimum 25% Ordinance No. 1293 Page 22 of 66 Table 17.23.040(A) Standards Open Space Open Space6 per unit, minimum 150 square feet Common Open Space7 per unit, minimum 75 square feet Ground/Podium Level Open Space, percent of lot, minimum8 5% 1. Any use listed in Table 17.23.020(A) or 17.23.020(B) under “Primarily Retail Uses,” “Primarily Office Uses,” “Primarily Civic/Institutional Uses,” as well as Hotels, shall be considered active use. Active uses shall cover at least 50% of the ground floor, excluding parking and loading areas. They shall also cover at least 50% of the building frontage along Santa Fe Avenue. This regulation shall not apply to industrial or warehouse use classifications which are not included in Table 17.23.020(B) 2. Mechanical equipment, elevator shafts, and architectural features are permitted to exceed the maximum height limit by up to 12 feet with a maximum horizontal dimension of 30 feet. 3. Dedication shall be required to establish a 12-foot minimum sidewalk. 4. Publicly accessible open spaces, such as paseos or plazas, shall be exempt from the calculation. 5. “Transparency” means of a minimum percentage of that portion of a street-facing exterior wall, which is between 2 feet and 12 feet above the sidewalk grade, which is visually open to the building interior, including untinted, unfrosted, and non-reflective windows, doorways and other openings. Walkways, driveways, paseos and plazas are omitted from the calculation. 6. “Open Space” means any open-air space which is designed for specific recreational purposes, including active and passive activities. Open space includes yards (except the require front yard setback), courtyards, balconies, decks, porches, roof decks and patios. Open space does not include driveways, aisles, parking spaces, or side or rear yards less than 8 feet in width or front setback areas. 7. “Common Open Space” means usable open space designed and intended for the common use or enjoyment by residents or guests, with a minimum dimension of 15 feet. 8. Industrial or warehouse use classifications which are not included in Table 17.23.020(b), shall meet this requirement through a publicly-accessible open space connected to the street and subject to Design Review. A widened sidewalk, enhanced with landscaping, furniture, lighting and/or art, shall be an acceptable form of publicly-accessible open space for these uses, even if setbacks are not allowed. Ordinance No. 1293 Page 23 of 66 Figure 17.23.040(B) Use Limitation, Height, and Open Space Requirements Figure 17.23.040(C) Streetwall, Frontage, and Floor Height Requirements Ordinance No. 1293 Page 24 of 66 SECTION 10. Chapter 17.24 is added to read as follows: Chapter 17.24 Santa Fe South District (MU-S Zone) Sections: 17.24.010 Purpose and intent. 17.24.020 Use regulation. 17.24.030 Legal nonconforming uses. 17.24.040 Site planning standards. 17.24.010 Purpose and intent. A. Purpose. The purpose of the Santa Fe South District is to become an active, comfortable, pedestrian-friendly place with a variety of residential and retail uses existing harmoniously with light industry. B. Standards and Nonconforming Uses. The regulation of uses and establishment of development standards and site planning standards set forth in the MU-S Zone are those deemed necessary to establish an active, pedestrian-friendly environment with a variety of residential and retail uses alongside light industry. The right to use and maintain legal nonconforming uses and legal nonconforming building and standards in the MU-S Zone and all overlay zones are governed by Section 17.64.010 - Legal nonconforming status. 17.24.020 Use Regulation. A. Use Regulation. Tables 17.24.020(A) and 17.24.020(B) detail specific land uses within the MU-S zone which are either encouraged, permitted of right, accessory, accessory or conditional, conditional, or prohibited. B. Definitions. Definitions of use classifications are given in Chapter 17.16. Per Section 17.12.010, the Public Works Director may interpret and apply these use classifications to individual cases. C. Commercial, Industrial, Warehouse Uses. Any commercial or industrial or warehouse use which is not included in Table 17.24.020(B) shall be permitted of right, conditionally permitted, or prohibited subject to all standards of the I zone. Such uses include: research and development labs, commercial testing labs, computer/circuit board/semi-conductor manufacturing, research hospitals/labs (with medical waste), electric vehicle recharge facility, data center, specialty agriculture growing facility, auto body shops, gas dispensing facilities, metal plating shops, materials manufacturing, large manufacturing and assembly plants, industrial machinery, energy and utility operations, warehousing, logistics facility, and mini distribution center. Any commercial or industrial or warehouse use not included in Table 17.24.020(B) shall comply with parking, loading, intensity and approval standards of the I Zone, including Sections 17.22.020, 17.22.030, 17.22.035, 17.22.040, 17.22.050(B), 17.22.050(C), 17.22.080(A), 17.22.080(G), and Ordinance No. 1293 Page 25 of 66 Chapter 17.56. However, wrought iron fences are not permitted along Santa Fe Avenue. Such uses shall also be subject to standards governing minimum setbacks and ground/podium level open space as described in Table 17.24.020(A). Table 17.24.020(A) Residential and Office Uses Land Use Use Control General Regulations & Notes Primarily Residential Uses Single-Family Dwelling Prohibited Multi-Family Dwelling Permitted of Right All multi-family residential buildings greater than 20 units shall include 30% live/work units. All multi-family or live/work buildings greater than 100 units shall be conditional. Hotel Encouraged Live/Work Permitted of Right Must contain at least 200 square feet per unit of designated work space. See Chapter 17.54 for detailed regulations. Residential Care Facilities Permitted of Right Trailer Park Prohibited Emergency Shelter Prohibited Primary Office Uses Office Manufacturing Permitted of Right Media Production Studios Permitted of Right Offices Permitted of Right Ordinance No. 1293 Page 26 of 66 Table 17.24.020(B) Retail, Industrial, and Institutional Uses Land Use Use Control General Regulations & Notes Primarily Retail Uses Good Sales Permitted of Right Production Retail Encouraged Restaurant Encouraged Market Encouraged Art Galleries Encouraged Nightlife Conditional Personal Services Permitted of Right Big Box Retail Conditional Drive-Through Retail Conditional Subject to standards in VMC Chapter 17.112 Adult or Sexually Oriented Businesses Prohibited Fitness and Recreation Permitted of Right Primarily Production/Industrial Uses Artisan Industrial Encouraged Allowed activity within Live/Work Uses, Office Manufacturing Uses, and Production Retail Uses. See VMC Chapter 17.54 for detailed live/work regulations. Light Industrial Permitted of Right Allowed activity within Live/Work Uses, Office Manufacturing Uses, and Production Retail Uses. See VMC Chapter 17.54 for detailed live/work regulations. Limited Air Pollution Permits Required. Primarily regulating through rules for applicable equipment. Primarily Civic/Institutional Uses Community Facilities Permitted of Right Trade School Permitted of Right Religious Use Permitted of Right 17.24.030 Legal nonconforming uses. A. Nonconforming Uses. The following uses are not permitted in any zone or overlay zone, except that any such use that exists as of the effective date of the ordinance codified in this title may be maintained as a legal nonconforming use, subject to the terms of Section 17.64.010 - Legal nonconforming status. 1. Junk or salvage business. 2. Public storage (including mini-storage) facilities. 3. Manure fertilizer business. 4. Contractor’s yard. 5. Freight terminals, solid waste facilities, truck terminals, transportation-related use, or hazardous waste facilities located outside of the T Overlay Zone. Ordinance No. 1293 Page 27 of 66 6. Slaughtering plants located outside of the S Overlay Zone. 7. Rendering plants located outside of the R Overlay Zone. 17.24.040 Site planning standards. A. Site Planning Standards and Nonconforming Uses. The following site planning standards given in Table 17.24.040(A) and illustrated in Figures 17.24.040(B) and 17.24.040(C) shall apply to all buildings, ancillary structures, land, uses, and businesses in the MU-S Zone. Legal nonconforming uses and legal nonconforming buildings or standards are required to comply with the site planning standards at the time of the occurrence of an event described in Table 17.64.040 - Right to Continue Nonconforming Uses and Buildings, that requires compliance with the site planning standards. B. Additional Development Standards. For additional development standards see Chapter 17.53 - Incentives for Preservation and Creative Uses and Affordable Housing and Chapter 17.54 - Mixed Use District Design Standards. Table 17.24.040(A) Standards Use Limitations Minimum Non-Residential Building Square Footage per Residential Unit 100 square feet Santa Fe Avenue Ground Floor Frontage Active Uses, minimum1 50% Percentage of Total Residential Units that must be Live/Work Less than 20 units None Over 20 units 30% Height2 Maximum, first 50 feet of frontage 3 stories/45 feet Maximum, other 5 stories/65 feet Setbacks Santa Fe Avenue, minimum/maximum 0 feet3 Local Street, minimum None4 Local Street, maximum 15 feet Interior Property Line, minimum None Streetwall and Frontage Building Streetwall at Setback5, Santa Fe Avenue, minimum 80% Transperancy6, Santa Fe Avenue, minimum 50% Transperancy6, Local Street, minimum 25% Open Space Open Space7 per unit, minimum 150 square feet Common Open Space8 per unit, minimum 75 square feet Ground/Podium Level Open Space, percent of lot, minimum9 5% Ordinance No. 1293 Page 28 of 66 Table 17.24.040(A) Standards 1. Any use listed in Table 17.24.020(A) or 17.24.020(B) under “Primarily Retail Uses,” “Primarily Office Uses,” “Primarily Civic/Institutional Uses,” as well as Hotels, shall be considered active use. Active uses shall cover at least 50% of the ground floor, excluding parking and loading areas. They shall also cover at least 50% of the building frontage along Santa Fe Avenue. This regulation shall not apply to industrial or warehouse use classifications which are not included in Table 17.24.020(B) 2. Mechanical equipment, elevator shafts, and architectural features are permitted to exceed the maximum height limit by up to 12 feet with a maximum horizontal dimension of 30 feet. 3. Setback on Santa Fe Avenue is prohibited, except on a parcel adjacent to a legacy structure. Within 100 feet of a legacy structure, the Santa Fe Avenue setback shall match the legacy structure, plus or minus 3 feet. 4. Dedication shall be required to establish a 12-foot minimum sidewalk. 5. Publicly accessible open spaces, such as paseos or plazas, shall be exempt from the calculation. 6. “Transparency” means of a minimum percentage of that portion of a street-facing exterior wall, which is between 2 feet and 12 feet above the sidewalk grade, which is visually open to the building interior, including untinted, unfrosted, and non-reflective windows, doorways and other openings. Walkways, driveways, paseos and plazas are omitted from the calculation. 7. “Open Space” means any open-air space which is designed for specific recreational purposes, including active and passive activities. Open space includes yards (except the require front yard setback), courtyards, balconies, decks, porches, roof decks and patios. Open space does not include driveways, aisles, parking spaces, or side or rear yards less than 8 feet in width or front setback areas. 8. “Common Open Space” means usable open space designed and intended for the common use or enjoyment by residents or guests, with a minimum dimension of 15 feet. 9. Industrial or warehouse use classifications which are not included in Table 17.24.020(B), shall meet this requirement through a publicly-accessible open space connected to the street and subject to Design Review. A widened sidewalk, enhanced with landscaping, furniture, lighting and/or art, shall be an acceptable form of publicly-accessible open space for these uses, even if setbacks are not allowed. Ordinance No. 1293 Page 29 of 66 Figure 17.24.040(B) Use Limitation, Height, and Open Space Requirements Figure 17.24.040(C) Streetwall, Frontage, and Floor Height Requirements Ordinance No. 1293 Page 30 of 66 SECTION 11. Chapter 17.25 is added to read as follows: Chapter 17.25 Santa Fe North District (MU-N ZONE) Sections: 17.25.010 Purpose and intent. 17.25.020 Use regulation. 17.25.030 Legal nonconforming uses. 17.25.040 Site planning standards. 17.25.010 Purpose and intent. A. Purpose. The Santa Fe North District is intended to connect the City Center District and City of Vernon more generally to mixed-use environment present in the Arts and Warehouse Districts in the City of Los Angeles. The district is intended to prioritize creative production, production retail and live/work uses, often in adaptive reuse of legacy industrial buildings. B. Standards and Nonconforming Uses. The regulation of uses and establishment of development standards and site planning standards set forth in the MU-N Zone are those deemed necessary to establish an environment prioritizing creative production, production retail, and live/work uses. The right to use and maintain legal nonconforming uses and legal nonconforming building and standards in the MU-N Zone and all overlay zones are governed by Section 17.64.010 - Legal nonconforming status. 17.25.020 Use Regulation. A. Use Regulation. Tables 17.25.020(A) and 17.25.020(B) detail specific land uses within the MU-N zone which are either encouraged, permitted of right, accessory, accessory or conditional, conditional, or prohibited. B. Definitions: Definitions of use classifications are given in Chapter 17.16. Per Section 17.12.010, the Public Works Director may interpret and apply these use classifications to individual cases. C. Commercial, Industrial, Warehouse Uses. Any commercial or industrial or warehouse use which is not included in Table 17.25.020(B) shall be permitted of right, conditionally permitted, or prohibited subject to all standards of the I zone. Such uses include: research and development labs, commercial testing labs, computer/circuit board/semi-conductor manufacturing, research hospitals/labs (with medical waste), electric vehicle recharge facility, data center, specialty agriculture growing facility, auto body shops, gas dispensing facilities, metal plating shops, materials manufacturing, large manufacturing and assembly plants, industrial machinery, energy and utility operations, warehousing, logistics facility, and mini distribution center. Any commercial or industrial or warehouse use not included in Table 17.25.020(B) shall comply with parking, loading, Ordinance No. 1293 Page 31 of 66 intensity and approval standards of the I zone, including Sections 17.22.020, 17.22.030, 17.22.035, 17.22.040, 17.22.050(B), 17.22.050(C), 17.22.080(A), 17.22.080(G), and Chapter 17.56. However, wrought iron fences are not permitted along Santa Fe Avenue. Such uses shall also be subject to standards governing minimum setbacks and ground/podium level open space as described in Table 17.25.020(A). Table 17.25.020(A) Residential and Office Uses Land Use Use Control General Regulations & Notes Primarily Residential Uses Single-Family Dwelling Prohibited Multi-Family Dwelling Permitted of Right All multi-family residential buildings greater than 20 units shall include 30% live/work units. All multi-family or live/work buildings greater than 100 units shall be conditional. Hotel Prohibited Live/Work Permitted of Right Must contain at least 200 square feet per unit of designated work space. See VMC Chapter 17.54 for detailed regulations Residential Care Facilities Permitted of Right Trailer Park Prohibited Emergency Shelter Permitted of Right Primary Office Uses Office Manufacturing Encouraged Media Production Studios Permitted of Right Offices Permitted of Right Ordinance No. 1293 Page 32 of 66 Table 17.25.020(B) Retail, Industrial, and Institutional Uses Land Use Use Control General Regulations & Notes Primarily Retail Uses Goods Sales Permitted of Right Production Retail Encouraged Restaurant Encouraged Market Permitted of Right Art Galleries Encouraged Nightlife Conditional Personal Services Permitted of Right Big Box Retail Conditional Drive-Through Retail Conditional Subject to standards in VMC Chapter 17.112 Adult or Sexually Oriented Businesses Prohibited Fitness and Recreation Permitted of Right Primarily Production/Industrial Uses Artisan Industrial Encouraged Allowed activity within Live/Work Uses, Office Manufacturing Uses, and Production Retail Uses. See VMC Chapter 17.54 for detailed live/work regulations. Light Industrial Permitted of Right Allowed activity within Live/Work Uses, Office Manufacturing Uses, and Production Retail Uses. See VMC Chapter 17.54 for detailed live/work regulations. Limited Air Pollution Permits Required. Primarily regulating through rules for applicable equipment. Primarily Civic/Institutional Uses Community Facilities Permitted of Right Trade School Permitted of Right Religious Use Permitted of Right 17.25.030 Legal nonconforming uses. A. Nonconforming Uses. The following uses are not permitted in any zone or overlay zone, except that any such use that exists as of the effective date of the ordinance codified in this title may be maintained as a legal nonconforming use, subject to the terms of Section 17.64.010 - Legal nonconforming status: 1. Junk or salvage business. 2. Public storage (including mini-storage) facilities. 3. Manure fertilizer business. 4. Contractor’s yard. 5. Freight terminals, solid waste facilities, truck terminals, transportation-related use, or hazardous waste facilities located outside the T Overlay Zone. Ordinance No. 1293 Page 33 of 66 6. Slaughtering plants located outside the S Overlay Zone. 7. Rendering plants located outside the R Overlay Zone. 17.25.040 Site planning standards. A. Site Planning Standards and Nonconforming Uses. The following site planning standards given in Table 17.25.040(A) and illustrated in Figures 17.25.040(B) and 17.25.040(C) shall apply to all buildings, ancillary structures, land, uses, and businesses in the MU-N Zone. Legal nonconforming uses and legal nonconforming buildings or standards are required to comply with the site planning standards at the time of the occurrence of an event described in Table 17.64.040 - Right to Continue Nonconforming Uses and Buildings, that requires compliance with the site planning standards. B. Additional Development Standards. For additional development standards see Chapter 17.53 Incentives for Preservation Created Uses and Affordable Housing and Chapter 17.54 Mixed-Use Design Standards. Table 17.25.040(A) Standards Use Limitations Minimum Non-Residential Building Square Footage per Residential Unit 100 square feet Santa Fe Avenue Ground Floor Frontage Active Uses, minimum1 30% Percentage of Total Residential Units that must be Live/Work Less than 20 units None Over 20 units 50% Height2 Maximum, first 50 feet of frontage 3 stories/45 feet Maximum, other 5 stories/65 feet Setbacks Santa Fe Avenue, minimum 0 feet3 Santa Fe Avenue, maximum 10 feet3 25th Street / 37th Street / 38th Street/ Vernon Avenue, minimum 5 feet 25th Street / 37th Street / 38th Street/ Vernon Avenue, maximum 20 feet Local Street, minimum None4 Local Street, maximum 15 feet Interior Property Line, minimum None Streetwall and Frontage Building Streetwall at Setback5, Santa Fe Avenue, minimum 60% Building Streetwall at Setback5, 25th Street / 37th Street / 38th Street/ Vernon Avenue, minimum 50% Transparancy6, Santa Fe Avenue, minimum 50% Ordinance No. 1293 Page 34 of 66 Table 17.25.040(A) Standards Transparancy6, 25th Street / 37th Street / 38th Street/ Vernon Avenue, minimum None Transparancy6, Local Street, minimum None Open Space Open Space7 per unit, minimum 150 square feet Common Open Space8 per unit, minimum 75 square feet Ground/Podium Level Open Space, percent of lot, minimum9 5% 1. Any use listed in Table 17.25.020(A) or 17.25.020(B) under “Primarily Retail Uses,” “Primarily Office Uses,” “Primarily Civic/Institutional Uses,” as well as Hotels, shall be considered an active use. Active uses shall cover at least 30% of the ground floor, excluding parking and loading areas. They shall also cover at least 30% of the building frontage along Santa Fe Avenue. This regulation shall not apply to industrial or warehouse use classifications which are not included in Table 17.25.020(B) 2. Mechanical equipment, elevator shafts, and architectural features are permitted to exceed the maximum height limit by up to 12 feet with a maximum horizontal dimension of 30 feet. 3. Within the block between 38th Street and Vernon Avenue, on the east side of Santa Fe Avenue, the Satna Fe Avenue setback shall match the setback of adjacent legacy structures, plus or minus 3 feet. 4. Dedication shall be required to establish a 12-foot minimum sidewalk. 5. Publicly accessible open spaces, such as paseos or plazas, shall be exempt from the calculation. 6. “Transparency” means of a minimum percentage of that portion of a street-facing exterior wall, which is between 2 feet and 12 feet above the sidewalk grade, which is visually open to the building interior, including untinted, unfrosted, and non-reflective windows, doorways and other openings. Walkways, driveways, paseos and plazas are omitted from the calculation. 7. “Open Space” means any open-air space which is designed for specific recreational purposes, including active and passive activities. Open space includes yards (except the required front yard setback), courtyards, balconies, decks, porches, roof decks and patios. Open space does not include driveways, aisles, parking spaces, or side or rear yards less than 8 feet in width or front setback areas. 8. “Common Open Space” means usable open space designed and intended for the common use or enjoyment by residents or guests, with a minimum dimension of 15 feet. 9. Industrial or warehouse use classifications which are not included in Table 17.25.020(b), shall meet this requirement through a publicly accessible open space connected to the street and subject to Design Review. A widened sidewalk, enhanced with landscaping, furniture, lighting and/or art, shall be an acceptable form of publicly accessible open space for these uses, even if setbacks are not allowed. Ordinance No. 1293 Page 35 of 66 Figure 17.25.040(B) Use Limitation, Height, and Open Space Requirements Figure 17.25.040(C) Streetwall, Frontage, and Floor Height Requirements Ordinance No. 1293 Page 36 of 66 SECTION 12. Chapter 17.26 is added to read as follows: Chapter 17.26 Pacific Hampton District (MU-PH Zone) Sections: 17.26.010 Purpose and intent. 17.26.020 Use regulation. 17.26.030 Legal nonconforming uses. 17.26.040 Site planning standards. 17.26.010 Purpose and intent. A. Purpose. The Pacific Hampton District is centered around a cluster of smaller- scale, midcentury single-story industrial buildings which are slowly being transformed into production studios, creative offices, commercial kitchens and other non-residential/non- retail uses. The standards in this maintain the low-scaled character of the district, while allowing for new flexibility in uses and accommodation of parking. B. Standards and Nonconforming Uses. The regulation of uses and establishment of development standards and site planning standards set forth in the MU-PH Zone are those deemed necessary to establish an environment prioritizing creative industrial uses. The right to use and maintain legal nonconforming uses and legal nonconforming building and standards in the MU-PH Zone and all overlay zones are governed by Section 17.64.010 - Legal nonconforming status. 17.26.020 Use Regulation. A. Use Regulation. Tables 17.26.020(A) and 17.26.020(B) detail specific land uses within the MU-PH zone which are either encouraged, permitted of right, accessory, accessory or conditional, conditional, or prohibited. B. Definitions. Definitions of use classifications are given in Chapter 17.16. Per Section 17.12.010, the Public Works Director may interpret and apply these use classifications to individual cases. C. Commercial, Industrial, Warehouse Uses. Any commercial or industrial or warehouse use which is not included in Table 17.26.020(B) shall be permitted of right, conditionally permitted, or prohibited subject to all standards of the I Zone. Such uses include: research and development labs, commercial testing labs, computer/circuit board/semi-conductor manufacturing, research hospitals/labs (with medical waste), electric vehicle recharge facility, data center, specialty agriculture growing facility, auto body shops, gas dispensing facilities, metal plating shops, materials manufacturing, large manufacturing and assembly plants, industrial machinery, energy and utility operations, warehousing, logistics facility, and mini distribution center. Any commercial or industrial or warehouse use not included in Table 17.26.020(B) shall comply with parking, loading, Ordinance No. 1293 Page 37 of 66 intensity and approval standards of the I Zone, including Sections 17.22.020, 17.22.030, 17.22.035, 17.22.040, 17.22.050B, 17.22.050C, 17.22.080A, 17.22.080(G), and Chapter 17.56. Table 17.26.020(A) Residential and Office Uses Land Use Use Control General Regulations & Notes Primarily Residential Uses Single-Family Dwelling Prohibited Multi-Family Dwelling Prohibited Hotel Prohibited Live/Work Prohibited Residential Care Facilities Prohibited Trailer Park Prohibited Emergency Shelter Permitted of Right Subject to a maximum of 40 beds Primary Office Uses Office Manufacturing Encouraged Media Production Studios Encouraged Offices Permitted of Right Ordinance No. 1293 Page 38 of 66 Table 17.26.020(B) Retail, Industrial, and Institutional Uses Land Use Use Control General Regulations & Notes Primarily Retail Uses Good Sales Accessory or Conditional Production Retail Permitted of Right Restaurant Permitted of Right Market Prohibited Art Galleries Encouraged Nightlife Prohibited Personal Services Permitted of Right Big Box Retail Conditional Drive-Through Retail Conditional Subject to standards in VMC Chapter 17.112 Adult or Sexually Oriented Businesses Prohibited Fitness and Recreation Permitted of Right Primarily Production/Industrial Uses Artisan Industrial Permitted of Right Light Industrial Permitted of Right Limited Air Pollution Permits Required. Primarily regulating through rules for applicable equipment. Primarily Civic/Institutional Uses Community Facilities Permitted of Right Trade School Permitted of Right Religious Use Permitted of Right Section 17.26.030 Legal nonconforming uses. A. Nonconforming Uses. The following uses are not permitted in any zone or overlay zone, except that any such use that exists as of the effective date of the ordinance codified in this title may be maintained as a legal nonconforming use, subject to the terms of Section 17.64.010 - Legal nonconforming status. 1. Junk or salvage business. 2. Public storage (including mini-storage) facilities. 3. Manure fertilizer business. 4. Contractor’s yard. 5. Freight terminals, solid waste facilities, truck terminals, transportation-related use, or hazardous waste facilities located outside the T Overlay Zone. 6. Slaughtering plants located outside the S Overlay Zone. 7. Rendering plants located Outside the R Overlay Zone Ordinance No. 1293 Page 39 of 66 Section 17.26.040 Site planning standards. A. Site Planning Standards and Nonconforming Uses. The following site planning standards given in Table 17.26.040(A) and illustrated in Figures 17.26.040(B) and 17.26.040(C) shall apply to all buildings, ancillary structures, land, uses, and businesses in the MU-PH Zone except those uses allowed in the I (Industrial) Zone. Legal nonconforming uses and legal nonconforming buildings or standards are required to comply with the site planning standards at the time of the occurrence of an event described in Table 17.64.040 - Right to Continue Nonconforming Uses and Buildings, that requires compliance with the site planning standards. B. Additional Development Standards. For additional development standards see Chapter 17.53 Incentives for Preservation Creative Uses and Affordable Housing and Chapter 17.54 Mixed-Use Design Standards. Table 17.26.040(A) Standards Use Limitations Ground Floor Frontage Active Uses, minimum None Height1 Maximum, first 50 feet of frontage 2 stories/40 feet Maximum, other 3 stories/50 feet Setbacks Hampton Street minimum/maximum 0 feet3 Pacific Blvd Prevailing2 Fruitland Avenue, minimum 5 feet Fruitland Avenue, maximum 20 feet Local Street, minimum None3 Local Street, maximum 15 feet Interior Property Line, minimum None Streetwall and Frontage Building Streetwall at Setback4, Hampton Street/Pacific Avenue, minimum 60% Building Streetwall at Setback4, Fruitland Avenue, minimum 50% Transparancy5, minimum None Open Space Ground/Podium Level Open Space6, percent of lot, minimum 5% 1. Mechanical equipment, elevator shafts, and architectural features are permitted to exceed the maximum height limit by up to 12 feet with a maximum horizontal dimension of 30 feet. 2. The Pacific Boulevard setback shall match the setback of adjacent legacy structures, plus or minus 3 feet. 3. Dedication shall be required to establish a 12-foot minimum sidewalk. Ordinance No. 1293 Page 40 of 66 Table 17.26.040(A) Standards 4. Publicly accessible open spaces, such as paseos or plazas, shall be exempt from the calculation. 5. “Transparency” means of a minimum percentage of that portion of a street-facing exterior wall, which is between 2 feet and 12 feet above the sidewalk grade, which is visually open to the building interior, including untinted, unfrosted, and non-reflective windows, doorways and other openings. Walkways, driveways, paseos and plazas are omitted from the calculation. 6. “Open Space” means any open-air space which is designed for specific recreational purposes, including active and passive activities. Open space includes yards (except the required front yard setback), courtyards, balconies, decks, porches, roof decks and patios. Open space does not include driveways, aisles, parking spaces, or side or rear yards less than 8 feet in width or front setback areas. Figure 17.26.040(B) Use Limitation, Height, Streetwall, and Open Space Requirements Active Use is not shown in this illustration Ordinance No. 1293 Page 41 of 66 Section 13. Chapter 17.53 is added to read as follows: Chapter 17.53 INCENTIVES FOR PRESERVATION, CREATIVE USES, AND AFFORDABLE HOUSING Sections: 17.53.010 Legacy Structure Preservation – Purpose and Criteria. 17.53.020 Encouraged Uses – Purpose and Criteria. 17.53.030 Available Incentives. 17.53.040 Parking Incentives for Adaptive Reuse Projects. 17.53.050 Affordable Housing Incentives. 17.53.010 Legacy Structure Preservation – Purpose. A. Purpose. The Westside of Vernon’s legacy commercial and industrial buildings are important assets which not only represent important adaptive reuse opportunities in themselves, but give character and identity to the area as a whole. As such, the retention of these legacy buildings as new development occurs is highly encouraged. The incentives in this Chapter are intended to offer property owners who elect to preserve legacy buildings with additional development capacity and flexibility in order to mitigate any economic impacts occasioned by the preservation of a building. B. Criteria. Structures which meet the following three criteria shall qualify as legacy structures: 1. constructed between 1880 and 1950 2. located within the mixed-use zoning districts; and 3. at least 10,000 square feet in gross floor area. C. Incentives. A property owner who elects to retain character-defining features of a legacy structure shall be eligible to obtain development standard incentives as described in Table 17.53.040(A) and the entirety of this Chapter. An application for any of these incentives shall demonstrate that the applicant will preserve or enhance character-defining features of the building. The determination of incentives made available through the preservation of character-defining features shall be made through the Design Review process, as described in Chapter 17.86. The entire building need not be preserved. D. Non-Historic Significance. It should be noted that the “legacy structure” classification described here is not the same as a determination of historic significance as defined by State law. At the time of adoption, the California Environmental Quality Act CEQA) requires a historic resources study prior to demolition of any structure that is over 45 years old. Ordinance No. 1293 Page 42 of 66 17.53.020 Encouraged Uses – Purpose and Criteria. A. Purpose. The City of Vernon seeks to incentivize projects which combine multiple Encouraged” uses to foment innovation through the creative collision of different users and diversify the long-term fiscal position of the City. B. Encouraged Use Criteria. Any project within the mixed-use districts which meets the following criteria is eligible to receive incentives: 1. For projects under 50,000 square feet gross floor area, at least 5% of the gross floor area in two or more Encouraged uses 2. For projects over 50,000 square feet gross floor area, at least 5% of the gross floor area in three or more Encouraged uses. The list of encouraged uses is given by district in sections 17.23.020, 17.24.020, 17.25.020 and 17.26.030. 17.53.030 Available Legacy Structure Preservation and Encouraged Use Incentives. A. Preservation and Encouraged Use Incentives. The Preservation and Encouraged Use Incentives table (Table 17.53.030(A)) lists potential relaxations/incentives to development standards given in Chapters 17.23, 17.24, 17.25, and 17.26 apply to a project which meets the criteria of Section 17.53.010(B) and 17.53.020(A). Figures 17.53.030(B), 17.53.030(C) and 17.53.030(D) illustrate an example application of height and active use frontage incentives, as well as affordable housing incentives per Section 17.53.050. B. Determination. Through the Design Review process given in Chapter 17.86, the Public Works Director will determine which incentives are appropriate to be granted in relationship to the extent of preservation of legacy structures and/or inclusion of Encouraged uses. Table 17.53.030(A) Preservation and Encouraged Use Incentives Development Standard Incentive Available? Use Limitations Minimum, Non-Residential Square Footage per Residential Unit No Percentage of Total Residential Units that must be Live/Work No Primary Street Ground Floor Active Use Requirement1 x The ground floor active use requirement may be decreased by 20%. Yes Height Maximum, first 50 feet of frontage Yes Ordinance No. 1293 Page 43 of 66 Table 17.53.030(A) Preservation and Encouraged Use Incentives Maximum, other x Maximum heights may be exceeded, as long as the average height (in stories and feet) of all structures on the property does not exceed the general height limit of the zone.2 Yes Setbacks Minimum and maximum setback requirements x Setback requirements shall not be applied to preserved buildings. However, new freestanding buildings constructed on the same site as preserved buildings shall comply with these requirements.3 Yes Streetwall & Frontage Building Streetwall at Setback, minimum4 No Transparency, minimum x Transparency requirements shall not be applied to preserved buildings. However, all existing openeings designed for windows or doorways should be preserved as transparent openings. Also, new freestanding buildings constructed on the same site as preserved buildings shall comply with transparency requirements. Yes Open Space Open Space, per unit, minimum Yes Common Open Space, minimum Yes Ground / Podium Level Open Space, present of lot minimum x All open space requirements may be met through usable community space designed for recreational or social purposes, whether located on the interior or exterior of a building. Yes 1. The ground floor active use requirement may be eliminated entirely through a request for an exception. 2. This assumes that a lower legacy building is preserved to a significant extent, including its primary street façade, causing a lower average height. 3. Setbacks for preserved structures may be less than the minimum setback or more than the maximum setback. 4. This calculation shall apply to the frontage of the building, whether or not it meets current setback requirements. Ordinance No. 1293 Page 44 of 66 Figure 17.53.030(B) Height and Active Use Requirement Example: Base Standards Figure 17.53.030(C) Height and Active Use Requirement Example: Standards including Legacy Structure Preservation Incentives Ordinance No. 1293 Page 45 of 66 Figure 17.53.030(D) Height and Active Use Requirement Example: Standards including Legacy Structure Preservation Incentives and Affordable Housing Density Bonus 17.53.040 Parking Incentives for Adaptive Reuse Projects. A. Available Incentives. The following incentives are available to legacy structure preservation projects only through the Design Review process: 1. On-street parking stalls along Santa Fe Avenue or Pacific Boulevard (streets where it does not exist today) that are located less than a five-minute walk (1/4 mile) from the main entrance to the development may be counted toward nonresidential parking requirements. 2. Tandem parking is permitted, subject to approval of management conditions by the Public Works Director. B. Preserving Entire Footprint of Legacy Building. Projects which wish to preserve the entire footprint of a legacy building and cannot accommodate parking needs even with the incentives provided above may request an exception (Section 17.12.030) or variance Chapter 17.68). C. Additional Flexibility Provisions. Preservation projects may also apply flexibility provisions, such as shared parking, off-site parking, and use of vertical stackers. See Chapter 17.57 for detailed standards. Ordinance No. 1293 Page 46 of 66 17.53.050 Affordable Housing Incentives. A. Affordable Housing. Density bonuses, waivers and concessions are available to developers who provide on-site affordable housing or donate land for the purposes of housing per Chapter 17.92. Within mixed-use district areas which do not explicitly calculate the permitted density, applicants may calculate the “density bonus” granted by Chapter 17.92 in one of two ways: 1. Any project which is at least 50% residential by gross floor area may increase the height limit as of right, in Table 17.53.060(A): Table 17.53.060(A) Height Density Bonus Maximum Height, first 50 feet of frontage Maximum Height, other 5% VLI, 10% LI or 20% MI1 None +1 story / 12 feet 12% VLI, 20% LI or 35% MI1 +2 stories / 24 feet 1. VLI = Very Low Income, LI = Low Income, MI = Moderate Income as defined in Health and Safety Code Section 50079.5 2. The applicant may submit a density study to establish the base density upon which the bonus shall be applied. A density study is a set of schematic plans that include a building massing, building section and floor plans that complies with all relevant zoning and building code standards. Residential unit size and mix and non- residential uses on-site shall be the same as in the proposed project. Section 14. Chapter 17.54 is added to read as follows: Chapter 17.54 Mixed-Use District Design Standards and Guidelines Sections: 17.54.010 Purpose. 17.54.020 Building Orientation and Relationship to Context. 17.54.030 Site Planning. 17.54.040 Setbacks and Projections. 17.54.050 Buffering and Orientation. 17.54.060 Exterior Lighting. 17.54.070 Outdoor Service, Storage and Loading. 17.54.080 Building and Performance Requirements. 17.54.090 Disclosure and Legal Requirements. 17.54.100 Live/Work Standards and Guidelines. 17.54.110 Ground Floor Frontages. 17.54.120 Industrial Character Guidelines Ordinance No. 1293 Page 47 of 66 17.54.010 Purpose. A. The City has a vested interest in ensuring that all development is compatible with the industrial nature of the City and the pedestrian-friendly, hybrid industrial nature of its mixed-use districts. In addition to the mandatory standards of this Title, the City implements Design Review (Chapter 17.86) to ensure that development achieves these aims. The standards and guidelines of this Chapter are a resource for Design Review. As described in Section 17.86.020(B), Design Review will evaluate strict compliance with mandatory standards in this Chapter. Design Review will also evaluate substantial compliance with guidelines in this Chapter which are expressed with non-mandatory language, determining which guidelines are applicable to a particular project. B. Applicability. These design standards and guidelines shall apply to all projects within Mixed Use zones which are subject to Design Review as described in Chapter 17.86 17.54.020 Building Orientation and Relationship to Context. A. Orientation and Context. All buildings within mixed-use districts should be oriented and designed to promote pedestrian activity, comfort and safety. At the same time, buildings which include residential or live/work uses should be designed to minimize conflicts between these uses and on-site or neighboring uses which cause noise, odors, vibrations or contaminants. Implementation of this principle, and adherence to the standards below, is important to protect not only residents, but also neighboring businesses in Vernon, so that they can continue activities unimpeded over the long term. 17.54.030 Site Planning. A. Location and Uses. Commercial uses, lobbies and other public-facing uses should be located on the primary street, with a direct entry from the sidewalk. For corner properties, these uses should prioritize access and orientation to Santa Fe Avenue, or in the MU-PH district, Hampton Street and Pacific Boulevard. Residential uses should principally be located above or behind the primary street ground floor frontage. Industrial uses may be located in a variety of locations, but it is encouraged that customer-facing areas of industrial uses, such as offices and showrooms, be located on the primary street. B. Vehicular Access. Vehicular access (loading and parking) should be provided from rear alleys or side streets. If individual site conditions necessitate vehicular access from Santa Fe Avenue, or in the MU-PH district, Hampton Street or Pacific Boulevard, vehicular access points should be limited to one per property and be located in accordance with Section 17.56.060(L). C. Scale and Rhythm. If the project is located in an area with a recognizable development pattern, it should respect the scale and rhythm of the area, as illustrated in Figure 17.54.030(A). Projects which are larger than the current development pattern can Ordinance No. 1293 Page 48 of 66 include features such as step-down adjacent to lower-scaled uses and establishing building modules which are of a similar scale to the existing development. D. Residential Uses and Truck Loading. Residential uses (included multi-family dwelling uses, Hotel uses, Live/Work uses, and Residential Care Facilities uses) shall be located a minimum of 200 feet from any exposed loading dock demonstrated to have a minimum of 10 daily heavy truck trips. If the implementation of this requirement precludes the applicant’s ability to develop residential on the site, residential uses may be constructed within 200 feet of the exposed loading dock provided that guidelines in Section 17.54.050 (Buffering and Orientation) are applied to the fullest extent possible. E. Truck Access. New non-industrial development on a property which is adjacent to an existing industrial property shall not restrict their ability to access their truck docks and parking facilities and to ship goods into and out of their property in a like manner to that in use prior to the new development on the neighboring property. F. Ground Floor Residential Uses. Ground-floor residential uses shall be limited to live/work uses that permit walk-in trade. The amount of ground-floor frontage permitted to be such uses is limited by the Primary Street Ground Floor Active Use regulations. Ordinance No. 1293 Page 49 of 66 Figure 17.54.030(A) New development reflecting existing rhythm of building and open space/access from the street. 17.54.040 Setbacks and Projections. A. Upper Floor Uses. Upper floor uses, including residential and office uses, should incorporate setbacks and/or appropriate window orientation to ensure access to light and privacy. At minimum, upper floors of buildings shall comply with the fire separation requirements of California Building Code Table R.302.1.1 (unsprinklered buildings) or R.302.1 (sprinklered buildings). B. Balconies. Balconies shall not project into the public right-of-way. Ordinance No. 1293 Page 50 of 66 17.54.050 Buffering and Orientation. Figure 17.54.050 Buffering and Orientation Guidelines Adjacent to Heavy Industrial Uses A. Residential Uses and Heavy Industrial Uses. Residential uses shall be separated from any adjacent heavy industrial uses (all industrial uses not included in Section 17.23.020, 17.24.020, 17.25.020, and 17.26.020) located outside a mixed-use zoning district with acoustic and visual buffers. Unless the applicant can demonstrate that a different strategy will be similarly effective, the buffer shall consist of a minimum six-foot high wall constructed of solid masonry and partially or fully covered with hedges, ivy, bamboo or other similar softening material, and a minimum five-foot wide screen landscaping strip consisting of evergreen trees or an evergreen trellis structure of at least six feet in height. B. Residential Orientation Away from Industrial Uses. Habitable residential spaces and windows should be oriented away from adjacent industrial uses to the greatest extent possible. C. Open Space Orientation Away from Industrial Uses. Open spaces should be oriented away from adjacent industrial uses. Should they be constructed in an area which is open to adjacent industrial properties, screening should be used to lessen the impacts of industrial activities on the residential properties. 17.54.060 Exterior Lighting A. Security and Visibility. Every project should have adequate lighting to provide for security and visibility, particularly along walkways and driveways, entrances to parking areas, and open space areas. Ordinance No. 1293 Page 51 of 66 B. Impact on Neighboring Properties. Site, parking lot and building security lighting should not impact surrounding or neighboring properties. The type and location of such lighting shall preclude direct glare onto adjoining property, streets, or skyward, and should not adversely impact residential units within a development. 17.54.070 Outdoor Service, Storage and Loading A. Screening and Concealing. Outdoor storage areas, loading docks, mechanical equipment and trash enclosures shall not be visible from Santa Fe Avenue, Pacific Boulevard, Vernon Avenue or Hampton Street and shall be concealed or screened with a combination of building features, decorative walls and landscaping consistent with the architectural style of the building. Operational equipment for on-site businesses shall also be screened. B. Loading Docks. Any loading dock designed for use of trucks/trailers with four or more axles shall be screened from Santa Fe Avenue, Pacific Boulevard, Vernon Avenue or Hampton Street by a building. Docks should be located toward the rear of such properties. C. These standards apply in addition to the standards in Section 17.22.070(A)(3). 17.54.080 Building and Performance Requirements A. Acoustic Separation. All interior spaces shall be sufficiently acoustically separated from other on- and off-site uses, as required by the CBC and other regulations. B. Air Filtering. All regularly occupied areas of mechanically ventilated buildings shall be equipped with air filtration media for outside and return air that provides a Minimum Efficiency Reporting Value (MERV) of 13. 17.54.090 Disclosure and Legal Requirements A. Statement of Acknowledgement. Applicants for any development containing residential or office uses must sign a statement acknowledging that individuals choosing to live and/or work in an active, mixed-use community are willing to accept a greater mix and closer proximity of surrounding land uses, and the rights of neighboring businesses to continue their legal business activities without undue interference must be preserved. B. Statement of Disclosure. A statement of disclosure shall be provided in all leases and condominium documents in which the lessee or buyer acknowledges the following: 1) That the facility is located in an industrial area in which annoyances or inconveniences associated with proximity to industrial uses such as odors, truck traffic, vibrations, noise and other neighborhood impacts are likely to be present to a greater degree and at different hours of the day than in other residential or commercial areas of the city, (2) Individual sensitivities to those annoyances may vary from person to person and lessee Ordinance No. 1293 Page 52 of 66 or buyer should consider which industrial annoyances are associated with the property and whether they are acceptable to him or her, and (3) The mix of business and industrial activities may vary as the area evolves and there is no guarantee that the land uses currently existing in immediate proximity to this development will remain unchanged into the future. Lessee or buyer acknowledges that land uses may change or expand as permitted by the City’s Zoning Ordinance and businesses are free to change the nature of their operations at any time in a manner consistent with applicable governing regulations. 17.54.100 Live/Work Standards and Guidelines. A. Purpose. As described in Tables 17.23.020(A), 17.24.020(A), 17.25.020(A) and 17.26.020(A), larger residential projects are required to have a live/work component. Other projects will be fully live/work. The reasons to provide live/work units include: 1. Provide spaces which are apt for small-scale industrial and creative production, at a lower price than paying for separate living and working units, in order to stimulate entrepreneurship and the vitality of the Vernon productive economy. 2. Provide appropriate transitions between industrial uses and high-volume streets, and residential units. 3. Orient the overall character and identity of new residential projects toward productive uses, and establish appropriate expectations on the part of future residents that they will reside in an industrial mixed-use environment. 4. Accommodate the growing demand for work from home. B. Permitted Uses. Permitted uses within a live/work unit shall depend on the type of live/work unit as described below. No property owner or homeowners’ association may restrict permissible uses beyond these categories, except for artist live/work space, and restrictions which can be demonstrated to be necessary for the health and safety of the residents. 1. Within Undivided Unit. Within the same undivided environment as a living space, artisan industrial, office, and personal services are permitted uses. Medical offices and personal service uses are assumed to accommodate walk-in trade and shall be located along the first floor, primary street frontage or have a clearly marked entrance with a visible sign from the primary street through a publicly accessible open space. 2. Permitted Use with Separable Space. The following uses are permitted within a separable space from the living area, or within a different unit than the living space in the same building or on the same property: any office use, any commercial use, any light industrial use. C. Hazardous Occupancies. Hazardous occupancies shall be restricted by the requirements of the California Building Code. Ordinance No. 1293 Page 53 of 66 D. Loading Docks. A minimum of one loading dock shall be provided for projects of over 10,000 square feet. Loading docks shall comply with the standards of Chapter 17.57. E. Unit Design Standards. Each live/work unit shall comply with the following design standards: 1. Size of Live/Work Unit. Every live/work unit shall have a defined area of no less than 200 square feet which is built and designed for productive work. 2. Productive Work Area. Productive work areas shall have a height of at least 10 feet floor to ceiling, shall be open and unimpeded by walls, and should be constructed of resilient materials that can support for productive uses. For example, appropriate flooring materials include concrete and hardwoods, and inappropriate flooring materials include linoleum. 3. Maximum Size of Live/Work Unit. The maximum size of a live/work unit shall be 3,000 square feet. 4. Work Areas in Adjacent Units. Work areas in adjacent units should be located next to each other. If a living space must be located near a work area of an adjacent unit, additional sound separation should be provided. 5. Residential Project Located along Streets without Trucking Restrictions. If a residential project is located along streets which do not have restrictions on trucking at the time of entitlement, the upper-floor street frontage should be occupied with work areas of live/work units. F. Ground Floor Live/Work Spaces. Ground-floor live/work spaces should be designed in a special manner, which emphasizes the “work” component of live/work, and engages the public in the pedestrian realm. Due to active use frontage requirements, ground-floor live/work units will exist adjacent to commercial or light industrial uses and should be designed for small businesses with employees and walk-in clientele. 1. Separate Living and Working Spaces. In new construction buildings, ground-floor live/work units shall have separate spaces and entrances for the living and working spaces. Living spaces may be located on upper floors of the building. 2. Minimum Work Area. A minimum of 350 square feet of work area shall be provided, and it shall be located on the ground floor. This work area shall have a height of at least 14 feet floor to ceiling and comply with all other requirements of 17.54.100(F). 3. Business License. An active business license with the City of Vernon shall be required to occupy a ground-floor live/work unit. 4. Detached Living and Working Spaces. Living and working spaces may be detached from each other. 17.54.110 Ground Floor Frontage Standards. A. Ground Floor Frontage Standards. Building frontages, particularly ground floors, should be designed to accentuate the walkability of Santa Fe Avenue as Vernon’s historic main street. The regulations given here are intended to ensure that ground-floor spaces Ordinance No. 1293 Page 54 of 66 are economically and physically viable, and contribute to the pedestrian environment with active uses. B. Minimum Streetwall. Ground-floors along primary streets shall incorporate a minimum streetwall at the building frontage, active use percentage, and minimum transparency as given in Tables 17.23.040(A), 17.24.040(A), 17.25.040(A), and 17.26.040(A). Portions of building elevations may be set back to allow for outdoor use, such as patio dining, public art or entry forecourts, and can still count toward the requirement for minimum streetwall at the building frontage. Parking, however, should never be placed in the front of the building. C. Main Entrance Location. Main entrances shall be emphasized and oriented to the sidewalk or sidewalk-accessible open space. D. Setback along Santa Fe Avenue. Setbacks may vary within the permitted range of minimum to maximum setback, as illustrated in Figure 17.54.140. Any setback area provided along Santa Fe Avenue shall be hardscaped and allow for public access unless used for outdoor dining. Any landscaping must be located in a planter. E. New Construction. For all new construction, ground-floor spaces shall have a floor- to-floor height of 18 feet minimum in order to ensure viability for retail or light industrial uses. F. Primary Street Frontage. Ground-floor live/work units shall have a minimum length of 25 feet along the primary street frontage. G. Awnings. Awnings are permitted to project up to six feet into the public right-of- way, provided that they are permitted by any other regulatory requirements such as utility pole clearances. H. Sidewalk Dining. Sidewalk dining is permitted within the MU-CC and MU-S zones with an Encroachment Permit. A minimum unobstructed sidewalk travel path of 6 feet, or 12 feet in front of City Hall, must be left at all times. I. Outdoor Dining. Outdoor dining is allowed on private property, including rooftops and private patios without limitation. If outdoor dining is located on private property at the building frontage, the maximum front setback may be exceeded in order to accommodate the outdoor dining area. Ordinance No. 1293 Page 55 of 66 Figure 17.54.140 Frontages can vary while still retaining unified setback. 17.54.120 Industrial Character Guidelines. A. Purpose and General Approach. Industrial Character Guidelines are intended to help retain the architectural character of existing buildings as defined by their initial use and historic context at their period of greatest significance. This can be achieved through implementing a combination of strategies such as: maintaining original character defining features, structural elements, including reinforced concrete and open truss roofs, materials such as brick, concrete, and steel, windows and doors, etc. These strategies can be paired with the thoughtful addition and integration of new elements necessary to accommodate proposed uses and assure the activation and continuous utilization of the building. Developments are encouraged to adapt existing buildings by retaining certain key features and elements in a way that celebrates the history of the structures, while incorporating new elements into a single, coherent design that ultimately allows for a greater range of usability. Elements to be maintained will need to be submitted, reviewed, and confirmed through the Design Review process. B. Materiality and Architectural Style. New, ground-up construction should also incorporate the language of industrial structures, including use of exposed brick, concrete and steel, flat roofs and use of scale appropriate to the legacy industrial structures in the immediate area. Use of traditional residential or main street commercial architectural styles, such as Spanish or English Colonial, are discouraged in favor of more modern, contemporary styles. Ordinance No. 1293 Page 56 of 66 C. Murals. Murals are an important part of Vernon’s and Los Angeles’ industrial fabric. New murals are encouraged within the mixed-use districts and are subject to approval through the Design Review process. 17.54.160 On-Site Open Space and Sustainability Guidelines. A. Purpose. Vernon is a non-traditional setting for certain uses, particularly residential. Open space in the Westside context is important to provide places for interaction, enjoyment of natural features (the air, soil, plants, etc.), and recreation for the population most likely to move into this type of mixed-use environment. B. Open Space Regulations. All development is subject to the open space regulations given in Chapters 17.23, 17.24, 17.25, and 17.26, except as modified by the incentives of Chapter 17.54. C. Common Open Space. Common open spaces should be designed and provide amenities to promote interaction between residents. They should be located along the most common paths of travel between primary entries and private units or spaces. Common open spaces may be open to the public. D. Large Projects. Larger projects should incorporate public open spaces such as plazas, courtyards and paseos which provide access to or augment public-serving on- site uses, especially on-site uses which may be located in the rear of properties. E. Residential Projects. Residential projects should incorporate recreational amenities appropriate to the side of the project and the intended population: for example, pools and large recreation rooms for larger projects, and barbeque areas for smaller projects. F. Low-Impact Development Requirements. Projects shall satisfy all applicable low- impact development requirements. Accommodation of low-impact development requirements in a joint fashion among neighboring property owners is encouraged. An in- lieu fee may be charged to fund district-scale stormwater measures, such as stormwater BMPs along Santa Fe Avenue or in greenways. G. Sustainability. Green roofs are highly encouraged in tandem with open spaces at the ground or podium level. Sustainable values of green roofs include stormwater collection, building insulation and urban heat island reduction. Stormwater drainage can be captured and harvested for re-use in landscaped areas through low-flow drainage systems. Ordinance No. 1293 Page 57 of 66 SECTION 15. Chapter 17.57 is added to read as follows: Chapter 17.57 Vehicle Parking Standards for Mixed-Use Zones Sections: 17.57.010 Purpose. 17.57.020 Spaces Required for Uses. 17.57.030 Shared Parking. 17.57.040 Off-Site Parking. 17.57.050 Structured Parking, Parking Lifts, and Tandem Parking. 17.57.060 Special Vehicles. 17.57.010 Purpose and Applicability. A. Purpose and Relationship to Citywide Standards. The requirements and additional provisions of this chapter shall modify the requirements of Chapter 17.56 for development within mixed-use zones. The purpose of these additional provisions is to maximize the efficiency of parking and reduce barriers to development while accommodating true, habitual needs for temporary vehicle storage. B. Heavy Industrial Uses Excepted. These standards shall not apply to use industrial use categories not included in sections 17.23.020, 17.24.020, 17.25.020, and 17.26.020. Conformance to all standards of Chapter 17.56 is required for these uses. 17.57.020 Spaces Required for Uses. A. Minimum Parking Requirements. Tables 17.57.020(A) and 17.57.020(B) give the required number of spaces for each use type described in this Chapter. The following standards shall apply to increase flexibility and sustainability in meeting parking needs. Table 17.57.020(A) Spaces Required for Residential and Office Uses Land Use Spaces Required Primarily Residential Uses Single-Family Dwelling N/A Multi-Family Dwelling General: 1 Space / DU1 Covenanted Affordable2: 0.5 spaces / DU Supportive Housing: None Hotel 0.7 per unit / key Live/Work 1 Space / DU3 Caretaker Residential None Residential Care Facilities 0.25 per bed Trailer Park N/A Emergency Shelter None Ordinance No. 1293 Page 58 of 66 Primarily Office Uses Office Manufacturing 1 Space / KSF4 Media Production Studios 1 Space / KSF Offices, General 1.6 Spaces / KSF Offices, Medical 2.9 Spaces / KSF 1. DU = dwelling unit 2. Covenanted to lower-income households as defined in Health and Safety Code Section 500.79.5 3. Requirement includes parking requirement for any commercial or industrial activities located within the unit. 4. KSF = 1,000 square feet of gross floor area Table 17.57.020(B) Spaces Required for Retail, Industrial, and Institutional Uses Land Use Spaces Required Primarily Retail Uses Good Sales 1.7 Spaces / KSF Production Retail 0.7 Spaces / KSF Restaurant 5.0 Spaces / KSF Market 1.9 Spaces / KSF Art Galleries 0.7 Spaces / KSF Nightlife 5.0 Spaces / KSF Personal Services 3.0 Spaces / KSF Big Box Retail Parking study required Drive-Through Retail Requirement of underlying use Adult or Sexually Oriented Businesses 5.0 Spaces / KSF Primarily Production / Industrial Uses Artisan Industrial 0.7 Spaces / KSF Light Industrial 0.6 Spaces / KSF Data Center 1.0 Spaces / KSF Primarily Civic / Institutional Uses Community Facilities 1.0 Spaces / KSF Trade School 0.3 per anticipated student Religious Use 0.2 per seat or 5.0 Spaces / KSF, whichever is less Ordinance No. 1293 Page 59 of 66 17.57.040 Shared Parking. A. Shared Parking. New development with a mix of uses in a building, on a lot, or an adaptive reuse of an existing structure may account for shared parking between uses on site or at proximate facilities (within the maximum distance specified in 17.57.050(A)) with unutilized supply. When the Director of Public Works determines that the peak parking demand for a project may be met by a number of parking spaces less than required, he or she may grant a reduction of the total number of parking spaces by up to 50 percent, provided that the applicant provide a parking study from a professional engineer (PE) or traffic engineer (TE) based on a survey of at least three similar projects. 17.57.050 Off-Site Parking. A. Parking for Nonresidential Uses. Parking required to serve a nonresidential use may be on the same or a different site under the same or different ownership as the use served, provided the parking shall be within 500 feet of the use served. Said distance shall be measured along public walkways from the nearest lot line of the lot on which the uses are located to the nearest lot line of the lot on which the required parking is located. B. Joint Use of Offstreet Parking. Property owners involved in the joint use of offstreet parking facilities shall submit an agreement for such joint use by a proper legal instrument approved by the Public Works Director as to form and content. Such instrument shall be submitted with the entitlement application. Such instrument, when approved as conforming to the provisions of this Section, shall be recorded in the office of the County Recorder, and copies of said recorded documents filed with the Public Works Department prior to issuance of a building permit. 17.57.060 Structured Parking, Parking Lifts, and Tandem Parking. A. Location of Parking. Parking may be located on the surface, or in an underground, podium or detached structure. Parking aisles in any type of structure need only comply with minimum heights specified by the California Building Code. The minimum height required in Table 17.56.060(K) shall not apply. B. Parking Lifts. Residential and employee parking spaces may make use of any type of parking lift that allows for motorists to retrieve a vehicle without having to have person from a different household move their vehicle first. Parking spaces not restricted to residential or employee use may make use of any type of parking lifts provided that the lift is operated by a contracted parking management/valet vendor that has been certified by the City. C. Tandem Parking. Tandem parking is only permitted between parking spaces belonging to the same unit. Both tandem spaces shall be a minimum of 22 feet long. Ordinance No. 1293 Page 60 of 66 17.57.070 Special Vehicles. A. Truck Parking. Except for industrial and warehousing use classes which are not listed in Sections 17.23.020, 17.24.020, 17.25.020, and 17.26.020, truck parking which conforms to Section 17.56.060(D) is not required. However, all projects above 10,000 square feet shall include a loading dock suitable for use of a single-unit truck (SU-9). B. Charging Stations. A Level 2 vehicle charging station shall be provided for a minimum of six percent (6%) of the total number of vehicle parking spaces provided. C. Parking for Scooters, Mopeds, Motorcycles. Designated stalls for scooters, mopeds and motorcycles with a minimum dimension of 5’ x 8’ may count toward up to 5% of the minimum parking requirement. SECTION 16. Chapter 17.86 is added to read as follows: Chapter 17.86 Design Review Sections: 17.86.010 Purpose. 17.86.020 Authority and scope. 17.86.030 Applicability. 17.86.040 Determination, action of the Director. 17.86.050 Finding and decision. 17.86.060 Appeal 17.86.010 Purpose. A. Purpose. The purpose of this chapter is to ensure the achievement of the goals and purposes of this title without creating undue hardships, and to protect the health, safety, and public welfare, through the following regulations and procedures established for Design Review. 17.86.020 Authority and scope. A. Authority. The Director shall have the authority, subject to the provisions of the title, to grant a Design Review Permit whenever the Director finds the granting of a Design Review Permit is consistent with the requirements, intent and purpose of this title. The purpose of design review is, to implement urban design goals, policies, development standards, and design guidelines within priority areas of the City. Design Review is intended to ensure that the design of new construction and additions is contextual and supports design excellence in Vernon. Among the key functions of Design Review is to determine the appropriate character-defining features of legacy buildings and incentives that can be applied to projects on legacy building sites. Ordinance No. 1293 Page 61 of 66 B. Standards and Guidelines. Design Review will evaluate strict compliance with mandatory standards in this Code. Design Review will also evaluate substantial compliance with guidelines in this Code which are expressed with non-mandatory language, determining which guidelines are applicable to a particular project. The standard conditions imposed upon approval of an application during Design Review will not be more restrictive than those prescribed by applicable zoning district regulations or other applicable entitlements procedures. Section 17.86.030 Applicability. A. Applicability. This review process applies to any new construction projects within the Mixed Use Zones (MU-CC, MU-S, MU-N, MU-PH) or any change of use project which does not replace the existing features “in kind”. To be considered “replacement in kind,” the features must reasonably match the design, profile, material, and general appearance of the originals. Alterations, additions, and repairs that do not change the exterior appearance of a structure, including replacement in kind of existing features do not require Design Review. Revised plans of the change shall be filed with Public Works. Single-family residential projects and accessory dwelling units are not subject to Design Review. Section 17.86.040 Determination, action of the Director. A. Public Works Director Authority. The Public Works Director will conduct Design Review and make decisions to approve the application or impose conditions upon the approval of the application, including the granting of any preservation incentive. The Public Works Director may refer any such project for a public hearing before the City Council to receive comment on the project’s design, but not to approve or deny the project, if the Director determines it has special significance. 17.86.050. Finding and decision. A. Findings. In acting to approve or conditionally approve an application for the Design Review, the Public Works Director shall make the following findings: 1. That the project is consistent with the applicable development standards of the Vision and any design guidelines of this Vision as deemed applicable to the project by the Public Works Director. 2. That the project implements applicable goals and policies of the Vernon General Plan, as deemed applicable by the Public Works Director. 3. That any development incentive granted is appropriate in order to preserve the character defining features of a legacy structure and/or accommodate multiple encouraged uses. Ordinance No. 1293 Page 62 of 66 Section 17.86.060 Appeal. A. Appeal Process. Following the City Clerk’s receipt of a written appeal contesting any action or decision of the Director that has been submitted to the City Clerk within 30 days after the date such action or decision was taken by the Director, the City Clerk shall set the appeal for a public hearing. The public hearing shall be held not less than 10 calendar days nor more than 60 calendar days from the City Clerk’s receipt of the appeal. The City Clerk shall give notice of the time and place of the hearing and the purpose thereof in the manner described in Section 17.68.040, “Notice of public hearing.” The appellant may appear in person before the City Council or be represented by an attorney, and may introduce evidence to support the claim. The appellant shall cause to be made at his or her own expense any investigation or research required by the City to substantiate the appellant’s claim. The City Clerk shall mail a copy of the City Council’s decision by certified mail to the appellant and all other persons who received notice of the original hearing, and to any other person requesting the same, within five business days after the adoption thereof. The Council’s decision shall be final and conclusive. SECTION 17. Chapter 17.101 is added to read as follows: Chapter 17.101 Trip Reduction and Travel Demand Standards for Mixed-Use Zones. Sections: 17.101.010 Information and Administration. 17.101.020 Site Design. 17.101.030 Parking. 17.101.040 Bicycle Parking. 17.101.050 Additional Trip Reduction and Travel Demand Measures. 17.101.060 Monitoring and reporting by City. 17.101.010 Information and Administration. A. Trip Reduction and Travel Demand Coordinator Required. For residential projects exceeding 10 units and office uses exceeding 10,000 square feet, the property owner shall designate a Trip Reduction and Travel Demand coordinator to provide documentation of implemented Trip Reduction and Travel Demand measures prior to issuance of a Certificate of Occupancy. B. Trip Reduction and Travel Demand Coordinator Responsibility. Trip Reduction and Travel Demand coordinators shall provide informational materials to all tenants advising on options for accessing the project site and details on any transportation benefits offered. Welcome packets should identify options for transit routes, bicycle routes, mobility hubs and carpool options for all new residents and employees. Ordinance No. 1293 Page 63 of 66 17.101.020 Site Design Standards. A. Design to Encourage Walking and Biking. New development shall be designed with safe and visible access points for all modes to encourage walking and building a biking to and between sites. Pedestrian pathways shall be provided from the primary street to all buildings on the site. Physical barriers that impede circulation shall not be erected. B. New Development Greater than One Acre. New development greater than one acre in size shall provide multimodal wayfinding signage at key locations internally and externally that directs employees, residents, tenants, and visitors to bicycle parking and amenities, transit services, shared micromobility and mobility hubs, car share parking, and pick-up/drop-off zones, as appropriate. 17.101.030 Parking. A. Projects over 100,000 Square Feet. Projects over 100,000 square feet should designate at least one parking space for a carshare vehicle to provide on-demand access to a vehicle without need for car ownership. B. Unbundled Parking. On-site parking for new development shall be “unbundled” – detaching the cost of reserved parking spaces from tenant leases for the life of the project. Unbundled spaces should be leased or sold separately so that tenants/residents have the option of renting a space at its true cost. 17.101.040 Bicycle Parking. Table 17.101.040 Bicycle Parking Requirements Use Bicycle Spaces Required Residential 0.5 / unit Office 1 per KSF Retail 1 per KSF Restaurant and Entertainment 3 per KSF Industrial 1 per KSF Civic or Institutional 1 per KSF A. Bicycle Parking. Covered and secure short-term bicycle parking shall be provided to meet the needs of shoppers or visitors for a couple of hours at a time. New multi- family residential and office uses shall provide options for long-term bicycle storage, such as bike lockers or bike cages, with a form of access control such as keys or smart cards. Ordinance No. 1293 Page 64 of 66 17.101.050 Additional Trip Reduction and Travel Demand Measures. A. Public Works Director Authority. The Public Works Director may approve an application to reduce parking requirements by up to 15 percent if the applicant conducts a parking study from a professional engineer (PE) or traffic engineer (TE) demonstrating that Trip Reduction and Travel Demand Measures beyond those required by this Chapter, such as the Optional measures in Table 17.101.050 (Source: California Air Pollution Control Officers Association (CAPCOA)), will be effective in reducing on-site parking demand. Table 17.101.050 Trip Reduction from Trip Reduction and Travel Demand Measures TDM Measure Potential Trip Reduction Required Unbundle Parking 2.6 – 13.0% TDM Marketing and Information 0.8 – 4.0% Carshare Parking 0.4 – 0.7% Optional Transit Subsidy 0.3 – 20.0% Shared Micromobility Subsidy (Bikeshare / Scooters) 1.0 – 2.0% Employee Housing with Worker Shuttle Case-by-case 17.101.060 Monitoring and reporting by City. A. Monitoring by City. The City shall monitor the implementation of the measures set forth in this chapter. The monitoring methods may include any or all of the following: 1. Site inspections made before issuance of a Building Permit, and randomly thereafter. B. Reporting by City. 1. For all development subject to the requirements of the California Environmental Quality Act, each of the following shall be deemed to be a “responsible agency” as that term is defined in Section 21069 of the Public Resources Code of the State of California: a. The enforcement agency. b. Any transit agency which provides service to the City and which submits a written request to be given notice or which the enforcement agency designates in writing to be given notice. Ordinance No. 1293 Page 65 of 66 SECTION 18. Chapter 17.116.030 is amended to read as follows: 17.116.030 Presumption of general incompatibility with existing industrial uses. In light of the City’s existing businesses and heavily industrial nature, there shall be a presumption that fitness and recreational facilities are generally incompatible with existing uses and properties within the I Zone. The burden shall be on the applicant to show that its proposed use and location are compatible with surrounding uses and properties. SECTION 19. Any provision of the Vernon Municipal Code or appendices thereto inconsistent with the provisions of this ordinance, to the extent of such inconsistencies and no further, is repealed or modified to that extent necessary to affect the provisions of this ordinance. SECTION 20. If any section, subsection, paragraph, sentence, clause, phrase, or portion thereof, of this ordinance is declared by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council declares that it would have adopted this ordinance, and each section, subsection, paragraph, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, paragraphs, sentences, clauses, phrases, or portions thereof, be declared invalid or unconstitutional. To this end, the provisions of this ordinance are declared to be severable. SECTION 21. The City Clerk shall certify the adoption and publish this ordinance as required by law. SECTION 22. This ordinance shall become effective after the thirtieth day following its adoption. APPROVED AND ADOPTED August 1, 2023. CRYSTAL LARIOS, Mayor ATTEST: LISA POPE, City Clerk seal) APPROVED AS TO FORM: ZAYNAH N. MOUSSA, City Attorney Ordinance No. 1293 Page 66 of 66 I CERTIFY THAT THE FOREGOING ORDINANCE NO. 1293 was passed and adopted by the City Council of the City of Vernon at the regular meeting on August 1, 2023, by the following vote: AYES: 3 Council Members: Rivera, Merlo, Larios NOES: 0 ABSENT: 2 Council Members: Lopez, Ybarra ABSTAIN: 0 LISA POPE, City Clerk seal) City Council Agenda Report Meeting Date:August 1, 2023 From:Daniel S. Wall, P.E., Director of Public Works Department:City Clerk Submitted by:Daniel S. Wall, P.E., Director of Public Works Subject Mixed Use Industrial Zoning Along Santa Fe Avenue Recommendation Conduct second reading and adopt Ordinance No. 1293 adding and amending various chapters in Title 17 – Zoning of the Vernon Municipal Code to allow Mixed Use Industrial Zoning along Santa Fe Avenue. Background At the July 18, 2023 Regular City Council Meeting, the Vernon City Council introduced and conducted first reading of Ordinance No. 1293 which adds and amends various chapters in Title 17 – Zoning of the Vernon Municipal Code to allow Mixed Use Industrial Zoning along the Santa Fe Avenue. Following introduction, additional non-substantive edits were made, shown in the attached redline version of the ordinance. The Ordinance Summary was posted on the City’s website on July 19, 2023, and will be published on July 27, 2023 pursuant to legal requirements. Staff requests the City Council conduct second reading and adopt Ordinance No. 1293. Fiscal Impact The Ordinance Summary will be published pursuant to legal requirements. Sufficient funds are available in the General Fund, City Clerk Department, Publication/Advertisement Account No. 011-010-125-5250000 for the current fiscal year. Attachments 1. Ordinance No. 1293 2. Ordinance No. 1293 Redline NOTICE OF CITY COUNCIL PUBLIC HEARING The City Council of the City of Vernon will conduct a public hearing on July 18, 2023, at 9:00 a.m. (or as soon thereafter as the matter can be heard) which you may attend at Vernon City Hall, City Council Chamber, 4305 Santa Fe Avenue, Vernon, CA 90058 to: Consider introduction and adoption of an ordinance adding and amending various Chapters to Title 17 (Zoning) of the Vernon Municipal Code to allow mixed use industrial zoning along Santa Fe Avenue; and adoption of a resolution amending the General Plan and certifying the final Environmental Impact Report. All relevant documents will be available for public review on the City’s website once the agenda for the meeting is posted or from the City Clerk at CityClerk@cityofvernon.org or (323) 583-8811 ext. 546. All interested persons will be given an opportunity to comment on the above-referenced items during the public hearing. In addition, written comment or questions may be submitted prior to the hearing as set forth below. Written Testimony or questions must be received prior to 9:00 a.m. on the date of the hearing. 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@cityofvernon.org If you challenge the adoption of the proposed ordinance, resolution, 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. In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in the meeting, please contact the City Clerk Department at (323) 583-8811 ext. 546 at least 48 hours prior to the meeting to assure arrangements can be made. The hearing may be continued, adjourned, or cancelled and rescheduled to a stated time and place without further notice of a public hearing. Dated: June 14, 2023 Lisa Pope, City Clerk Publish: June 22, 2023 CALIFORNIA NEWSPAPER SERVICE BUREAU PRE# D A I L Y J O U R N A L C O R P O R A T I O N To the right is a copy of the notice you sent to us for publication in the HUNTINGTON PARK BULLETIN. Please read this notice carefully and call us with any corrections. The Proof of Publication will be filed with the County Clerk, if required, and mailed to you after the last date below. Publication date(s) for this notice is (are): Mailing Address : 915 E FIRST ST, LOS ANGELES, CA 90012 Telephone (800) 788-7840 / Fax (800) 464-2839 Visit us @ www.LegalAdstore.com LISA POPE CITY OF VERNON CITY CLERK 4305 SANTA FE AVE VERNON, CA 90058 HRG NOTICE OF HEARING Notice of Public Hearing - Adoption of Ordinance Amending Various Chapters to Title 17 (Zoning) 06/22/2023 Notice Type: Ad Description COPY OF NOTICE 3712298 !A000006335984! An invoice will be sent after the last date of publication. If you prepaid this order in full, you will not receive an invoice. NOTICE OF CITY COUNCIL PUBLIC HEARING The City Council of the City of Vernon will conduct a public hearing on July 18,2023,at 9:00 a.m.(or as soon thereafter as the matter can be heard)which you may attend at Vernon City Hall, City Council Chamber,4305 Santa Fe Avenue, Vernon,CA 90058 to: Consider introduction and adoption of an ordinance adding and amending various Chapters to Title 17 (Zoning)of the Vernon Municipal Code to allow mixed use industrial zoning along Santa Fe Avenue;and adoption of a resolution amending the General Plan and certifying the final Environmental Impact Report. All relevant documents will be available for public review on the City's website once the agenda for the meeting is posted or from the City Clerk at CityClerk@cityofvernon.org or (323)583-8811 ext.546.All interested persons will be given an opportunity to comment on the above-referenced items during the public hearing.In addition, written comment or questions may be submitted prior to the hearing as set forth below.Written Testimony or questions must be received prior to 9:00 a.m.on the date of the hearing. 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@cityofvernon.org If you challenge the adoption of the proposed ordinance,resolution,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. In compliance with the Americans with Disabilities Act (ADA),if you need special assistance to participate in the meeting,please contact the City Clerk Department at (323)583-8811 ext.546 at least 48 hours prior to the meeting to assure arrangements can be made. The hearing may be continued,adjourned,or cancelled and rescheduled to a stated time and place without further notice of a public hearing. Lisa Pope,City Clerk Dated:June 14,2023 Publish:June 22,2023 6/22/23 PRE-3712298# HUNTINGTON PARK BULLETIN CALIFORNIA NEWSPAPER SERVICE BUREAU PRE# D A I L Y J O U R N A L C O R P O R A T I O N To the right is a copy of the notice you sent to us for publication in the HUNTINGTON PARK BULLETIN. Please read this notice carefully and call us with any corrections. The Proof of Publication will be filed with the County Clerk, if required, and mailed to you after the last date below. Publication date(s) for this notice is (are): Mailing Address : 915 E FIRST ST, LOS ANGELES, CA 90012 Telephone (800) 788-7840 / Fax (800) 464-2839 Visit us @ www.LegalAdstore.com LISA POPE CITY OF VERNON CITY CLERK 4305 SANTA FE AVE VERNON, CA 90058 ORD ORDINANCE PUBLICATION Ordinance 1293 Mixed Use Industrial Zoning 08/10/2023 Notice Type: Ad Description COPY OF NOTICE 3726778 A000006374101! An invoice will be sent after the last date of publication. If you prepaid this order in full, you will not receive an invoice. SUMMARY OF ORDINANCE No.1293 Ordinance No.1293 adds and amends various chapters in Title 17 –Zoning of the Vernon Municipal Code to allow Mixed Use Industrial Zoning along Santa Fe Avenue. Ordinance No.1293 was introduced by the Vernon City Council at the regular meeting on July 18,2023,and adopted on August 1,2023,by the following vote: AYES:Rivera,Merlo,Larios NOES:None ABSENT:Lopez,Ybarra ABSTAIN:None Posted:Wednesday,August 2,2023 Publish:Thursday,August 10,2023 8/10/23 PRE-3726778# HUNTINGTON PARK BULLETIN CALIFORNIA NEWSPAPER SERVICE BUREAU PRE# D A I L Y J O U R N A L C O R P O R A T I O N To the right is a copy of the notice you sent to us for publication in the HUNTINGTON PARK BULLETIN. Please read this notice carefully and call us with any corrections. The Proof of Publication will be filed with the County Clerk, if required, and mailed to you after the last date below. Publication date(s) for this notice is (are): Mailing Address : 915 E FIRST ST, LOS ANGELES, CA 90012 Telephone (800) 788-7840 / Fax (800) 464-2839 Visit us @ www.LegalAdstore.com LISA POPE CITY OF VERNON CITY CLERK 4305 SANTA FE AVE VERNON, CA 90058 ORD ORDINANCE PUBLICATION Ordinance No. 1293 - Introduction Summary 07/27/2023 Notice Type: Ad Description COPY OF NOTICE 3722315 A000006361880! An invoice will be sent after the last date of publication. If you prepaid this order in full, you will not receive an invoice. INTRODUCTON OF ORDINANCE NO.1293 Ordinance No.1293 adds and amends various chapters in Title 17 –Zoning of the Vernon Municipal Code to allow Mixed Use Industrial Zoning along Santa Fe Avenue. Ordinance No.1293 was introduced by the Vernon City Council at the regular meeting on July 18,2023.Second reading and adoption of the ordinance are scheduled for the regular City Council meeting on August 1,2023,at City Hall, 4305 Santa Fe Avenue,Vernon,California. The full text of Ordinance No.1293 is on file in the City Clerk Department and accessible on the City's website at www.cityofvernon.org. Posted:Wednesday,July 19,2023 Publish:Thursday,July 27,2023 7/27/23 PRE-3722315# HUNTINGTON PARK BULLETIN