ORDINANCE NO. 1295
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VERNON
AMENDING VERNON MUNICIPAL CODE SECTION 17.16.020 AND
ADDING SECTIONS 17.48.035 AND 17.48.040.D REGARDING FUELING
STATIONS IN THE TRUCK AND FREIGHT TERMINAL (T) OVERLAY
ZONE
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 Vernon Municipal Code to provide consistency with the regulation of fueling stations in the Truck and Freight Terminal (T) Overlay Zone with that of the C-1 and C-2 overlay zones.
D. 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.
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. Vernon Municipal Code Section 17.16.020 is amended to modify the following definition:
“Fueling station” means any establishments engaged in the retail sale of gasoline, diesel, and alternative fuel, not including electric vehicle charging, 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.
Ordinance No. 1295
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SECTION 4. Vernon Municipal Code Section 17.48.035 is added to read as follows:
17.48.035 Uses permitted by Minor Conditional Use Permit.
A. All uses permitted in the I Zone with a Minor Conditional Use Permit are also permitted in the T Overlay Zone with a Minor Conditional Use Permit.
B. Fueling Stations.
SECTION 5. Vernon Municipal Code Section 17.48.040.D is added to read as follows:
D. The Director may impose, as part of the Minor Conditional Use Permit, any other requirements as are necessary to protect nearby owners and occupants from the traffic, air pollutants, noise, odor, dust, vibration, risk of infection or disease, and similar concerns.
SECTION 6. 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 7. 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 8. The City Clerk shall certify the adoption and publish this ordinance as required by law.
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Ordinance No. 1295
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SECTION 9. This ordinance shall become effective after the thirtieth day following its adoption.
APPROVED AND ADOPTED __________________, 2023.
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CRYSTAL LARIOS, Mayor
ATTEST:
LISA POPE, City Clerk
(seal)
APPROVED AS TO FORM:
ZAYNAH N. MOUSSA, City Attorney