Resolution No. 2015-015RESOLUTION NO. 2015-15
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON ADOPTING AMENDMENTS TO THE CITY OF VERNON
GENERAL PLAN AND THE VARIOUS ELEMENTS INCLUDED
THEREIN AND REPEALING ALL RESOLUTIONS IN CONFLICT
HEREWITH
WHEREAS, the City of Vernon ("City") is a chartered municipal
corporation of the State of California; and
WHEREAS, the City Council adopted a General Plan for the
City of Vernon by Resolution No. 9484 on December 3, 2007, as revised
by Resolution Nos. 9869 and 2013-32 on February 23, 2009 and
February 19, 2013, respectively; and
WHEREAS, City is proposing to adopt an amended City of
Vernon General Plan (the "Plan"), pursuant to Government Code Section
65358; and
WHEREAS, the City Council of the City of Vernon held a public
hearing during its regularly scheduled City Council meeting on
April 7, 2015, to consider the proposed Plan; and
WHEREAS, the City Council of the City of Vernon has not
created a separate planning commission and performs all of the
functions of a planning commission as authorized by Government Code
Sections 65100 and 65861; and
WHEREAS, the City Clerk gave the required notice for said
hearing for the purpose of considering the adoption of the amended Plan
at which public hearing the amended Plan was displayed, discussed and
explained; and
WHEREAS, the proposed amended Plan has been referred to
cities adjoining the City of Vernon, to the Local Agency Formation
Commission, to area -wide planning agencies, and to the State of
California for review and comment by each such agency as required by
Government Code Section 65352; and
WHEREAS, the City Council of the City of Vernon desires to
adopt amendments to the City of Vernon General Plan.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VERNON AS FOLLOWS:
SECTION 1: The City Council of the City of Vernon hereby
finds and determines that the above recitals are true and correct.
SECTION 2: The City Council of the City of Vernon, in
accordance with the California Environmental Quality Act, contained in
Public Resources Code commencing at Section 21000 and the California
Code of Regulations, Title 14, Chapter 3, certifies the Supplemental
Final Environmental Impact Report dated April 2015, adopt Findings of
Fact and Statement of Overriding Considerations, and adopt Mitigation
Measures and a Mitigation Monitoring and Reporting Program for the
City of Vernon General Plan and Zoning Ordinance Update (State
Clearinghouse No. 2007061031). It is further recommended that the City
Clerk of the City of Vernon shall be designated as the custodian of
all documents or other materials which constitute this record of
proceedings upon which this decision is made.
SECTION 3: The City Council of the City of Vernon, pursuant
to Chapter 3, Title 7 of the Government Code of the State of
California, does hereby approve and adopt amendments to the City of
Vernon General Plan, including amendments to the land use,
circulation, safety, resources and noise elements covering the
principles, objectives and standards which will be used to develop the
City of Vernon as more fully described in the City of Vernon General
Plan, as amended and dated March 2015, a copy of which is being
presented to the City Council concurrently with this Resolution, and
the City Council hereby orders the Plan to be received and filed by
the City Clerk. The Plan submitted herewith is incorporated herein by
this reference as though fully set forth at length, along with any
amendments thereto which have been approved at the public hearing.
SECTION 4: The City Council of the City of Vernon does
hereby find and determine that the public interest, convenience and
necessity require that the Plan be adopted as amended covering the
objections, principles and standards used as guidelines to develop the
City as specified in Article 5 of the Government Code of the State of
California, Section 65300, et seq.
SECTION 5: The City Council of the City of Vernon intends
that this Resolution supersede any previous General Plan or element
which has been heretofore been adopted.
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SECTION 6: The City Clerk, or Deputy City Clerk, of the
City of Vernon shall certify to the passage, approval and adoption of
this resolution, and the City Clerk, or Deputy City Clerk, of the City
of Vernon shall cause this resolution and the City Clerk's, or Deputy
City Clerk's, certification to be entered in the File of Resolutions of
the Council of this City.
APPROVED AND ADOPTED this 7th day of April, 2015.
ATTEST:
7
M ria E. yala
City Clerk / u y i
APPROVED AS TO FORM:
C,,Iema el, City Attorney
Name: W. Michael McCormick
Title: Mayor / - e
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STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I Maria E. Ayala City Clerk / __ram_, ___;= ^'__ � of the City
of Vernon, do hereby certify that the foregoing Resolution, being
Resolution No. 2015-15, was duly passed, approved and adopted by the
City Council of the City of Vernon at a regular meeting of the City
Council duly held on Tuesday, April 7, 2015, and thereafter was duly
signed by the Mayor or Mayor Pro-Tem of the City of Vernon.
Executed this Zjw day of April, 2015, at Vernon, California.
(SEAL)
Maria Ayala
City Clerk / Deputy Cit3' Clem
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TRANSMITTAL COMMUNICATION
CITY CLERK'S OFFICE
INTEROFFICE MEMORANDUM
DATE: April 8, 2015
TO: Kevin Wilson, Director of Public Works, Water & Development Services
FROM: Deborah Juarez, Records Management Assistan*
RE: Resolution No. 2015-15 — A Resolution of the City Council of the City of Vernon Adopting
Amendments to the City of Vernon General Plan and the Various Elements Included
Therein and Repealing All Resolutions in Conflict Herewith
Please find attached for your transmittal a certified copy of Resolution No. 2015-15 referenced above,
which was approved by City Council on April 7, 2015.
Please ensure that a copy of the correspondence transmitting the resolution to the required public agencies
is sent to my attention for the file.
Thank you,
c: Sergio Canales
Resolution No. 2015-15
CERTIFICATE
STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES)
I, Maria E. Ayala, City Clerk of the City of Vernon, County
of Los Angeles, State of California, hereby certify that the
attached is a full and complete copy of:
RESOLUTION NO. 2015-15 - A Resolution of the City Council
of the City of Vernon AdoptingAmendments to the City of
Vernon General Plan and the Various Elements Included
therein and Repealing All Resolutions in Conflict therewith
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
the official Seal of the City of Vernon, County of Los Angeles,
State of California, on this �� day of April 2015.
SEAL:
Maria E. Ayala
City Clerk
APR 01 Z015
CITY CLERK'S OFFICE CITY AuwIINISTRATION
STAFF REPORT
Public Works, Water and Development Services
DATE: APRIL 7, 2015
TO: Honorable Mayor and City Council
FROM: Samuel Kevin Wilson, Director of Public Works, Water, and Development
Services
RE: Approval of- a -Resolution -Updating-the-General-Plan-and-approval-ot-an
Ordinance Amending the Zoning Code
Recommendation
The Project collectively includes the focused update to the General Plan and Zoning Ordinance
and Map Amendments. City staff recommends that the City Council:
In accordance with the California Environmental Quality Act, contained in Public
Resources Code commencing at Section 21000 and the California Code of Regulations,
Title 14, Chapter 3, certifies the Supplemental Final Environmental Impact Report dated
March 2015, adopt Findings of Fact and Statement of Overriding Considerations, and adopt
Mitigation Measures and a Mitigation Monitoring and Reporting Program for the City of
Vernon General Plan and Zoning Ordinance Update (State Clearinghouse No.
2007061031). It is further recommended that the City Clerk of the City of Vernon shall be
designated as the custodian of all documents or other materials which constitute this record
of proceedings upon which this decision is made; and
2. Adopt a Resolution adopting the General Plan Amendment.
3. Adopt an Ordinance adopting the Zoning Ordinance Amendment and Zoning Map.
Background
The General Plan is a comprehensive, long-range plan that guides decisions relating to land use,
transportation, housing, public safety, use of open space and natural resources, parks and
recreation, and noise in the community. The Zoning Ordinance implements the land use policies
contained in the General Plan.
The City of Vernon adopted comprehensive updates to the City of Vernon General Plan and
Zoning Ordinance on December 3, 2007. The General Plan was amended in 2009 and 2013 to
update the Housing Element and housing -related portions of the Land Use Element.
The proposed project is a focused update to the General Plan to comply with new State laws and
make adjustments to land use policy regarding commercial uses and trucking and freight terminals,
among other minor amendments. The Zoning Code is the primary implementation tool of the
General Plan. As part of the General Plan update project, modifications to the Zoning Code are
proposed to maintain consistency with the General Plan and to modernize and respond to current
issues and developments.
Update to General Plan Elements
Land Use Element
The City of Vernon General Plan has one land use category (Industrial) and five overlay districts:
Commercial, Rendering, Slaughtering, Housing, and Emergency Shelter. The update modifies and
expands the area to which the Commercial Overlay applies. The Commercial Overlay, which
currently applies to Santa Fe Avenue and portions of Soto Street, would also apply to an expanded
area of Soto Street, portions of Pacific Boulevard, Atlantic Boulevard, and Slauson Avenue, along
with a small area along Alameda Street. This expansion of the Commercial Overlay is intended to
both meet the needs of the daytime employee population and allow for a broader mix of uses on
aging industrial sites. A modification was also made to restrict the extent of the Housing Overlay
in the southeast comer of the City to the properties actually occupied by the Meta Housing
development.
The update to the Land Use Element also includes new policies to facilitate more intensive
employment -generating uses near transit stops and to allow truck terminals and freight operations
in certain locations. In addition, flood hazard information is provided to comply with State law
(AB 162).
Circulation Element
To respond to changes in the Land Use Element, the update also includes a related change to the
Circulation Element —removing a policy that limited trucking facilities to existing locations.
Safety Element
AB 162 (and related revisions to Section 65302 of the California Government Code) requires an
update to the General Plan to identify areas subject to flooding and to incorporate any newly
available information. The Safety Element of the General Plan is revised to reflect updated flood
risks based on the most recent available data from the Federal Emergency Management Agency
(FEMA), including revisions to the FEMA Flood Hazard Zones Map (Figure S-3). Most data were
added for informational purposes to comply with State law. One additional policy was added
requiring housing to be located using the Housing Overlay District and to be located in limited
areas where potential hazards can be avoided.
Resources Element
Pursuant to AB 162, identification of rivers, creeks, streams, flood corridors, riparian habitat, and
land that may accommodate floodwater for purposes of groundwater recharge and storm water
management are required in the Resources Element. To comply with this provision, additional
information is provided in the Resources Element to clarify the lack of riparian habitat in Vernon.
In addition, a new section of the Resources Element addresses AB 32, the Global Warming
Solutions Act of 2006 and SB 375. A policy was added indicating the City will consult with other
agencies to facilitate coordination on land use, circulation, and infrastructure improvement
projects. Limited changes to the Resources Element are also included to reflect the most recent
Urban Water Management Plan (UWMP) information available.
Noise Element
The Noise Element is updated with minor changes to consider noise impacts to any housing
development that may be permitted within the Housing Overlay. Two existing policies are
modified to require new developments to incorporate appropriate noise attenuation to achieve the
City's noise standards and to minimize noise impacts on new residential development through
carefully planned design and construction approaches that limit noise intrusion, where practical.
Implementation Plan
To correlate with new policies in the General Plan, focused new actions/modifications to existing
Actions are proposed.
The proposed amended General Plan, as revised and including the Draft Land Use Map, is attached
herewith in Attachment A.
Update to Zoning Ordinance and Zoning Map
The City has drafted amendments to the Zoning Ordinance to achieve consistency with proposed
Land Use Element Overlay Districts and the goals, policies, and implementation measures
specified in the General Plan.
New Overlay Zones
These revisions include the establishment of a new Truck and Freight Terminal Overlay Zone (TF)
and application of the overlay to approximately 1,065 acres of land located in the northern portion
of the city. Additionally, given the expanded Commercial Overlay General Plan Land Use
designation, the Commercial Overlay was revised to divide it into two overlay zones: C-1 and C-
2, with the overlay zones to be applied to approximately 281 acres and 177 acres, respectively.
Additional Uses Permitted and Conditionally Permitted
Additional land use categories were added, along with new definitions. For example, the update
includes a new "Ancillary Retail Use" allowance whereby businesses may be permitted to dedicate
a portion (no more than 10 percent) of existing industrial space to an ancillary retail use in
connection with their Permitted Use. Such a use will facilitate sample sales and similar retail
functions for manufacturing operations. Additional new uses defined include convention and
entertainment venues (which shall not be permitted in the City), drive -through facilities, fueling
stations, hazardous waste facilities, public utilities, tattoo parlors, trade schools, urgent care
facilities, and wholesale uses. The intent of these new definitions is to provide modem definitions
to reflect current zoning and use trends.
New Development Standards for Billboards Oriented to 1-710
The revisions establish distancing requirements for billboards (i.e., the allowable distance between
such signs) that are designed to be primarily viewed from the 1-710; the standards conform to
Caltrans' standards. Standards are established for both digital and static (non -digital) billboards.
Distancing requirements for billboards elsewhere in the City remain unchanged.
Parking and Outdoor Storage
Parking standards (spaces per use) are proposed for new uses in the Zoning Ordinance. The update
extends the amortization date to 2020 for nonconforming outdoor storage and activities that occupy
required parking spaces. The update also proposes a process whereby the required number of off-
street Parking Spaces for an individual property/use may be reduced by outdoor storage and
activities if a parking demand study is prepared that finds the project site has excess parking spaces
beyond the permitted use's need. Additional standards were also added for the screening of outdoor
storage and activities adjacent to residential uses.
Nonconforming Buildings
The South Coast Air Quality Management District (SCAQMD) is considering establishing
regulations that would require certain existing rendering business to enclose some of their
operations due to odor issues. To accommodate this proposed new regulation, the code
amendments would modify the Zoning Code Restrictions on Nonconforming Buildings and Uses
section to allow existing nonconforming buildings and uses to increase floor area/square footage
if required by a governmental agency to reduce the environmental impacts caused by the use.
Administrative Process and Permits
The Zoning Ordinance amendments were also undertaken to facilitate administration processes
and procedures. Three new permits are provided in the Zoning Ordinance: 1) a Minor Conditional
Use Permit, 2) a Temporary Use Permit, and 3) a Special Event Permit. The purpose of the Minor
Conditional Use Permit is to provide a business -friendly permit process for uses that may only be
suitable in specific locations or designed and constructed in a particular manner or under certain
conditions, but are of a scale that would be less impactful than those that may be permitted with a
Conditional Use Permit. The permit process for a Minor Conditional Use Permit would not require
a public hearing with the City Council, and could thus be issued more quickly.
The new Temporary Use Permit process is intended to provide a process to authorize temporary,
short-term activities that would be compatible with adjacent and surrounding uses. The Special
Event Permit would facilitate temporary uses that are considered minor in nature by virtue of
having minimal impact to surrounding properties, 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. A public hearing is not required for the
Director's decision on a Temporary Use Permit or the Vernon Fire Chiefs decision on a Special
Use Permit.
The process for making Minor Modifications to existing Conditional Use Permits was also
streamlined. In addition, the required findings for a variety of permits were updated to provide
clarity in implementation. Time requirements for Conditional Use Permits were also extended (the
use for which the Conditional Use Permit was granted would be allowed to lapse for a year, rather
than 120 days).
Definitions and Clean-up
Further, the Amendment incorporates multiple new definitions and additional clean-up, non -
substantive revisions to provide clarity in implementation of the Zoning Ordinance, including new
graphics to illustrate standards.
The draft ordinance is attached herewith as Attachment B.
Zoning Map
The Zoning Map is proposed to be amended to implement revised General Plan policy. To be
consistent with General Plan changes, the Zoning Map identifies locations for the C-I and C-2
zone overlays, consistent with the Commercial General Plan Overlay, and revises the boundaries
of the existing Housing Overlay. The Truck and Freight Terminal Overlay Zone district is added
to the draft Zoning Map. The draft Zoning Map is attached herewith as Attachment C.
Outreach Summary and Community Input
Two recent public workshops were held (January 26, 2015 and February 5, 2015) to discuss the
Draft Zoning Ordinance amendments. Approximately 15 individuals attended each workshop.
Also, a workshop was held in 2012 with the Chamber of Commerce to discuss options for
amending the zoning ordinance.
Comments received at the workshops included: 1) suggestion to allow adaptive reuse of existing
buildings for residential uses and expanding the Housing Overlay area, 2) suggestion to allow
wholesale businesses to sell at retail, 3) suggestion to allow industrial properties with on -site
offices to rent/lease office space to outside users, and 4) concern about the landscape requirement
for parcels within the C-1 and C-2 overlays. A memo summarizing meeting comments is attached
herewith as Attachment D.
Public Comment on Additional Housing: Staff has concerns with compatibility issues with the
introduction of any housing when industrial prevail uses throughout Vernon. Because of the
range of uses allowed in the Industrial zone, at any time a new industrial use could be established
that might pose hazards to residential uses. The Housing Overlay gives the City the ability to
assess any proposed housing development application on a case -by -case basis and only apply the
overlay to properties where it makes good sense to do so, such as the recent Meta Housing
development adjacent to existing residential uses in the city of Maywood. If Council would like
staff to further investigate permitting additional housing, Staff recommends conducting a
separate study to identify appropriate locations for the Housing Overlay zone.
Public Comment on Allowing Wholesalers to Sell at Retail: As part of the draft Zoning
Ordinance Amendments, a new ancillary retail use is proposed for the Industrial Zone. An
ancillary retail use would be permitted with a Minor Conditional Use Permit.
Public Comment on Leasing Offices within Industrial Uses: City staff agrees that the use of this
space should be utilized and not subject only to the primary tenant of the space. As such, staff
incorporated an additional amendment to the Zoning Ordinance to modify section 26.2.1-2 to
allow the right to sublease to separate tenant office space areas.
Public Comment on Landscaping: The C-1 and C-2 overlay zones include a requirement that at
least five percent of the gross lot area be dedicated to irrigated landscaping that is visible from
the street. The previous standard required one percent of the gross lot area to be dedicated to
landscaping within the Commercial Overlay Zone. The intent of the revised landscaping
requirement is to provide a good commercial interface for pedestrian activity along the streets.
City staff believes that the proposed changes should not be modified and that landscaping should
be required.
CEOA
Adoption of the General Plan and Zoning Code amendments is considered a "project' under the
California Environmental Quality Act (CEQA). The Project collectively includes the Proposed
General Plan Amendments, General Plan Land Use Map Amendments, Zoning Ordinance
Amendments, and Zoning Map Amendments. CEQA documentation must be prepared, and the
City Council must make an environmental determination pursuant to CEQA prior to taking action
on the project.
On December 3, 2007, the City Council certified the FEIR for the General Plan and Zoning
Ordinance Update. The 2007 FEIR for the General Plan and Zoning Ordinance Update examined
the environmental effects associated with the adoption and long-term implementation of the City
of Vernon General Plan and Zoning Ordinance update. In 2014, a Supplemental Environmental
Impact Report (SEIR) for the project was prepared in compliance with CEQA, as established in
Section 21000-21178 of the California Public Resources Code and Section 15000-15387 of the
California Code of Regulations, to provide the environmental review for these proposed
amendments to the General Plan and Zoning Ordinance. CEQA authorizes a City to prepare a
Supplement to a previously certified EIR if some changes or additions are necessary to a previously
analyzed project. The SEIR includes an analysis of potential environmental impacts associated
with the proposed project; unavoidable significant impacts have been identified related to
transportation/traffic, as was previously identified in the certified EIR. No other significant,
unavoidable impacts have been identified. A copy of the Draft SEIR is attached herewith as
Attachment E.
The SEIR was available for a 45-day comment period from December 4, 2015 to January 19, 2015.
Comment letters were received from the California Native American Heritage Commission, the
California Department of Transportation (Caltrans), and The Ness Companies. A copy of the Final
SEIR, which includes copies of the comment letters and responses to comments, is attached
herewith as Attachment F.
It is recommended that Findings of Fact and a Statement of Overriding Considerations (attached
herewith as Attachment G) be adopted for the project subject to the mitigation measures set forth
in the Mitigation Monitoring Reporting Program, attached herewith as Attachment H. It is further
recommended that the City Council adopt the Mitigation Monitoring Reporting Program contained
in Attachment F.
Fiscal Impact
The City of Vernon contracted with consulting firm Moore facofano Goltsman, Inc. to assist with
completing General Plan and Zoning Code Amendments. No additional fiscal impact is associated
with adoption of the proposed amendments.
Attachments:
Attachment A — Draft Vernon General Plan
Attachment B — Zoning Ordinance
Attachment C — Zoning Map
Attachment D — Memo summarizing meeting comments
Attachment E - Vernon General Plan and Zoning Ordinance Update SEIR Volume I & II
Attachment F - Vernon General Plan and Zoning Ordinance Update SEIR Volume III — Final EIR
Attachment G — FEIR Findings of Fact & Statement of Overriding Considerations
Attachment H — Mitigation Monitoring Reporting Program