HomeMy WebLinkAbout473ORDINANCE NO. 473
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF IRWINDALE ADOPTING INTERIM ZONING
REGULATIONS PURSUANT TO THE PROVISIONS OF
CALIFORNIA GOVERNMENT CODE § 65858(a) AND
MAKING FINDINGS IN SUPPORT THEREOF.
A. Recitals.
(i) Heretofore, the City Council of the City of
Irwindale adopted its Title 17 setting forth the applicable
planning and zoning regulations for the City of Irwindale.
(Hereinafter said Title 17 shall be referred to as the "Zoning
Ordinance.")
(ii) City staff has recently commenced an examination
of the existing Zoning Ordinance as the same pertains to existing
/^* and potential development affecting the City of Irwindale. Such
examination has revealed that there are areas within the City
which do not provide a stable transition of densities and/or uses
and may be incompatible, both internally and with adjacent zones
and uses.
(iii) A recent application for an "accupressure" license
under Chapter 9.62 of the Irwindale Municipal Code required
analysis of the proper zone districts in which such uses are, or
may be, permitted. Said analysis reveals that such uses are, or
may be, permitted in the City without proper land use controls.
(iv) In recognition of the need for effective
long-range planning criteria, the City Council has directed staff
of the City to study and formulate amendments to the Zoning
Ordinance to assure adequate local review of, development
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standards for, and appropriate permitted land uses within the
City, pending the adoption of modifications to zoning and
development criteria for such lands.
(v) The granting of land use approvals and/or building
permits for proposed land uses permitted by right may not conform
to the General Plan or development approval scheme and would
contradict the specific purposes of such Zoning Ordinance
amendments as related to consistency with the General Plan.
Moreover, pending the completion of such amendments, it is
foreseeable that further development proposals or land use
proposals for property will be sought or submitted which would
contradict the ultimate goals of the proposed Zoning Ordinance
amendments and the adopted General Plan.
(vi) This Council is concerned about the creation of an
orderly and balanced development within the City. Accordingly,
to protect the integrity of the General Plan and to assure the
continued development stability of properties within the City,
this Council finds it is necessary to establish interim zoning
policies to allow City staff the time necessary to investigate
and formulate the above -referenced Zoning Ordinance amendments.
(vii) All legal prerequisites prior to the adoption of
this Ordinance have occurred.
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B. Ordinance.
THE CITY COUNCIL OF THE CITY OF IRWINDALE DOES ORDAIN
AS FOLLOWS:
Section 1. The City Council hereby specifically finds
that all the facts set forth in the Recitals, Part A, of this
Ordinance are true and correct.
Section 71. The City Council further finds as follows:
a. The City has adopted a General Plan for development
in the City. The ultimate goal of the General Plan is to provide
a balanced and unified plan of development within the City and
protect the economic, social and cultural welfare of persons and
properties within the City. The current Zoning Ordinance does
f^ not provide sufficient standards for City staff, Planning
Commission or City Council to recommend upon or review
applications for the approval, or determination, of appropriate
land use regulations pertaining to "accupressure" and/or "massage
establishments" ("such land uses" hereinafter).
b. The present recommendation or approval of such land
uses may contradict the ultimate goals and objectives of the
General Plan and would not be subject to adequate local
regulation and/or review under the current provisions of the
Zoning Ordinance.
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C. The approval of such land uses under the current
Provisions of the Zoning Ordinance would result in an immediate
threat to the public health, safety or welfare of persons and
property within the City of Irwindale.
Section 3. The interim Zoning Regulations pertaining
to the permitted land uses within the City as set forth in
Exhibit "A" hereto, which are incorporated by reference herein as
if set forth in their entirety, hereby are adopted.
Section A. This Ordinance is enacted under the
authority of California Government Code § 65858(a) and shall be
of no further force and effect forty-five (45) days from the date
of adoption of this Ordinance unless the City Council has
extended this Ordinance in the manner as provided in said
§ 65858(a).
Section 51. The City Clerk shall certify to the
adoption of this Ordinance and shall cause the same to be
published as required by law.
1993.
a
ADOPTED AND APPROVED this 19th day of July
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AW'
(�
Mayor
I, DAVID A. CARETTO, City Clerk of the City of
Irwindale, do hereby certify that the foregoing Ordinance was
introduced and passed at a regular meeting of the City Council of
the City of Irwindale held on the 19th day of July
1993, by the following vote:
AYES: COUNCIL MEMBERS: Miranda, J., Miranda, P.,
Breceda, Barbosa, and Diaz
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAINED: COUNCIL MEMBERS: None
S%1021\ZONEORD%I 6.6
ATTEST.
David A. Caretto, City Clerk
of the City of Irwindale
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EBEIBIT "All
INTERIM ZONING REGULATIONS
1. The following interim zoning regulations shall
pertain to all land uses encompassed within the following
definitions:
"Massage" means any method of treating the external
and/or internal parts of the human body for remedial, health, or
hygienic purposes by means of pressure on or friction against; or
stroking, kneading, rubbing, tapping, pounding; or stimulating
the external or internal parts of the human body with the hands
or other parts of the human body, with or without the aid of any
mechanical or electrical apparatus or appliances; or with or
without supplementary aids, such as rubbing alcohol, liniments,
antiseptics, oils, powers, creams, lotions, ointments, or other
similar preparations.
"Massage Establishment" means any establishment having
a fixed place of business where any person, firm, association,
partnership, or corporation engages in, conducts, or carries on,
or permits to be engaged in, conducted or carried on, any
business of giving massages, baths, administration of
fomentation, mechanical, electric or magnetic treatments, alcohol
rubs, or any other type of system for treatment or manipulation
of the human body with or without any character of bath, such a
Turkish, Russian, Swedish, Japanese, vapor, shower, electric tub,
sponge, mineral, fomentation, or any other type of bath.
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2. Any and all land uses encompassed within the
definitions of Section 1, above, shall be, and the same hereby
are, prohibited, in their entirety, in all zones within the City
of Irwindale and no application for any such land use shall be
accepted by the City or processed or acted upon.
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