ORDINANCE NO. 1292
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VERNON
AMENDING VERNON MUNICIPAL CODE CHAPTER 17.24.080
REGULATING BUILDING SETBACKS
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. Under the existing Zoning Code, every building or structure in the General Industry Zone shall be set back not less than 21 feet from the curb face as shown on the master plan of streets.
D. The City Council desires to amend Vernon Municipal Section 17.24.080 regulating building setbacks to allow the City to consider permitting a reduced setback distance on a case-by-case basis as approved by the General Manager of Public Utilities.
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.
SECTION 4. Vernon Municipal Code Sections 17.24.080(C) and (D) are hereby amended to read as follows:
“C. Building Setback. Every building or structure shall be set back not less than 21 feet from the curb face, as shown on the Master Plan of Streets. A reduced setback distance may be approved by the General Manager of Public Utilities, but not less than to the ultimate planned right-of-way of the street as shown on the Master Plan of Streets. The Ordinance No. 1292
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General Manager of Public Utilities shall designate the distance from the center of the street in any case in which the planned future ultimate width of a street is not specified or a street is not symmetrical.
D. Ancillary Structure Setback. Where a lot or parcel of land in any zone or overlay zone abuts a street as shown on the Master Plan of Streets, every Ancillary Structure on such Lot or parcel shall be set back as follows: (1) if the ancillary structure is equal to or greater than 20 feet in height, it shall be set back not less than 21 feet from the curb face, as shown on the Master Plan of Streets. A reduced setback distance may be approved by the General Manager of Public Utilities, but not less than to the ultimate planned rightof-way of the street as shown on the Master Plan of Streets; and (2) if the ancillary structure is less than 20 feet in height, it shall be set back not less than to the ultimate planned right-of-way width of the street as shown on the Master Plan of the streets, except in no case shall the structure be set back less than eight feet from the curb face, as shown on the Master Plan of Streets. The General Manager of Public Utilities shall designate the distance from the center of the street to the curb face in any case in which the Master Plan of Streets does not specify a planned future ultimate width from curb to curb or a street is not symmetrical.”
SECTION 5. 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 6. 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 7. The City Clerk shall certify the adoption and publish this ordinance as required by law.
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Ordinance No. 1292
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SECTION 8. This ordinance shall become effective after the thirtieth day following its adoption.
APPROVED AND ADOPTED February 7, 2023.
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LETICIA LOPEZ, Mayor
ATTEST:
LISA POPE, City Clerk
(seal)
APPROVED AS TO FORM:
ZAYNAH N. MOUSSA, City Attorney