HomeMy WebLinkAbout311ORDINANCE NO. 311
AN ORDINANCE OF THE CITY OF IRWINDALE
RELATING TO THE APPROPRIATE ZONING FOR
"SEXUALLY ORIENTED ADULT BUSINESSES" AND
DECLARING THIS ORDINANCE TO BE IMMEDIATELY
EFFECTIVE.
THE CITY COUNCIL OF THE CITY OF IRWINDALE DOES ORDAIN:
SECTION 1. The City Council finds and determines that the
Planning Department of this city has indicated that the present
controls relating to the appropriate zoning of "sexually oriented
adult businesses" are inadequate to meet the special conditions
relating to such uses, -including problems relating to litter,
traffic, parking, hours of operation, noise, congestion, public
nuisance, depreciation of property values, proximity to
incompatible uses and other matters relating to the public health,
safety and welfare.
SECTION 2. The City Council further finds and determines that
it is necessary, while the Planning Department and Planning
Commission are completing studies concerning the appropriate
regulations for such uses, to impose interim controls pursuant to
the provisions of Section 65858 of the Government Code.
SECTION 3. This Ordinance shall remain in effect for a period
of 120 days, and during such period all Ordinances inconsistent with
the provisions hereof shall be suspended and superseded by this
ordinance; and, neither the Building Inspector,. zoning officials,
nor City Clerk shall issue any permit or license for any use
inconsistent with the terms of this Ordinance.
SECTION 4. The following regulations are hereby enacted
pursuant to the terms of Section 65858 of the Government Code:
A. An "adult business" is hereby defined as any business
which is conducted exclusively for the patronage of adults, from the
premises of which minors are at any time or times specifically excluded
by law or the owner or person in possession of the premises. This
definition shall exclude any use pre-empted by State Law or licensed
by the State.
B. "Sexually oriented" shall mean any use, display, sale,
product, book, treatment, manipulation, projection, machine or other
device, the principal and emphasized purpose, use or manifestation
of which is gratification, curiosity, education, exploitation,
entertainment, observation, reading or other stimulus, excitation or
study of explicit sexual activity.
C. "Sexually oriented adult businesses" shall not be
permitted within 600 feet of a church nor within 600 feet of a public
or private school for the academic education of children, nor within
600 feet of property zoned for residential use.
D. In the event any prohibition set forth in "C" above is
held by any court of competent jurisdiction to be invalid or
inapplicable, then such use or uses shall ipso facto, immediately, and
automatically be classified as a conditional use requiring a
Conditional Use Permit pursuant to the provisions of the Zoning Code
,of this city and an Environmental Impact Report pursuant to the
California Environmental Quality Act of 1970.
50
Ordinance No. 311
SECTION 5. This Ordinance is enacted as an Urgency
Ordinance for the reasons set forth in Section 1, and upon a
further finding by the City Council that to permit such uses with-
out appropriate controls would be contrary to the health, safety
and welfare of the residents of this community. Accordingly, this
ordinance shall become effective immediately.
SECTION 6. This Ordinance shall become immediately
effective pursuant to the provisions of Section 65858 of the
Government Code and for the reasons above stated, and is adopted
pursuant to the authority of Anderson V. Pleasant Hills 229 CA
2d 79; Metro Realty v. County of E1 D
Adams, 180 CA 2d Sil; West Coast Adv.
357; and Candlestick v. San Francisco
ment Commission, 11 CA 3d 557; Atlant
3d 1059. Young v. American (Detroit)
238 CA 2d 864.
CA 2d 508; Hunter v.
ncisco, 256 CA 2d
is xicnrieid V. Board 40 CA
-U.S.- Slater v. Los Angeles,
SECTION 7. The City Clerk shall certify to the adoption of
this ordinance and shall cause the same to be processed in the
manner prescribed by law.
APPROVED and ADOPTED this 19th day of May, 1977.
Q>�
Mayor Arthur F. Tapi
ATTEST: //%il���
Marga t S. Barbosa, City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES) ss.
CITY OF IRWINDALE )
I, Margaret S. Barbosa, City Clerk of the City of Irwindale
do hereby Certify that the foregoing Ordinance, being Ordinance
No. 311, was passed, approved and adopted at a regular meeting
of the City Council held on the 19th day of May, 1977, by the
following vote:
AYES: COUNCILMEN: Barbosa, Breceda, Michael Miranda and
Mayor Tapia.
NOES: COUNCILMEN: None
ABSENT: COUNCILMAN: Pat Miranda
Margarot S. Barbosa, City Clerk