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ORDINANCE NO. 477
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF IRWINDALE ADOPTING AN EXTENSION OF INTERIM
ZONING REGULATIONS (TEN MONTHS AND FIFTEEN
DAYS IN DURATION) PURSUANT TO THE PROVISIONS
OF CALIFORNIA GOVERNMENT CODE $ 65858(x) 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
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Ordinance to assure adequate local review of, development
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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(viii) The City Council has caused a report to be
prepared and issued, in conformance with California Government
Code § 65858(d), which report describes the measures taken to
alleviate the conditions which the interim zoning addresses.
(ix) In response to the concerns identified in the
foregoing, the City Council, pursuant to California Government
Code § 65858(a) adopted an interim ordinance effective for
forty-five days commencing July 19, 1993. The City Council
desires to extend such ordinance for the ten-month fifteen -day
term permitted by the law to accomplish necessary studies as
discussed in the report issued in regard to the land use issue as
identified.
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 Z. 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
not provide sufficient standards for City staff, Planning
Commission or City Council to recommend upon or review
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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.
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 4. The Report attached hereto as Exhibit "B"
is adopted and ratified by the City Council as a full and
complete description of the actions undertaken in furtherance of
alleviating the zoning ordinance deficiencies necessitating the
interim zoning standards adopted herein.
Section 5. This Ordinance is enacted under the
authority of California Government Code § 65858(a) and shall be
of no further force and effect ten (10) months and fifteen (15)
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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 6. The City Clerk shall certify to the
adoption of this Ordinance and shall cause the same to be
published as required by law.
1993.
ADOPTED AND APPROVED this 26th day of August I
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 26th day of August
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
ATTEST:0C% %(,
David A. Caretto, City Clerk
of the City of Irwindale
S\IOWZONEORD%1 6.6 5
EXHIBIT "A"
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.
S\1021\EXFW\I 6.6 2
EXHIBIT nBn
TEN-DAY REPORT REGARDING ACTIONS IN FURTHERANCE OF
ADDRESSING THE FACTORS SUPPORTING THE INTERIM ZONING
ORDINANCE REGULATING MASSAGE/ACCUPRESSURE FACILITIES.
At a duly noticed meeting held on July 19, 1993, the
City Council of the City of Irwindale adopted a forty-five day
interim ordinance which precluded the implementation of massage/
accupressure facility uses pending a planning and zoning study to
determine the appropriate zone(s) for such uses. In furtherance
of analyzing the issues identified and responded to by the City
Council, the Planning Department of the City of Irwindale has
undertaken the following actions:
1. The Department is compiling base map materials
including the present zoning districts applicable to the City of
Irwindale. Further, information regarding the General Plan of
the City of Irwindale is being compiled for analysis in regard to
the issues.
2. The Planning staff is preparing to acquire the
necessary zoning and/or land use materials from surrounding
jurisdictions to the extent deems such is necessary to assist in
its analysis of the issue.
3. The Planning staff is working with the Office of
the City Attorney to determine any and all legal constraints
which may be applicable to the location of such facilities in the
City of Irwindale.
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4. The Planning staff is initiating planning analysis
to assist it in determining what characteristics, if any, should
be applied to define the characteristics of a site and zone at
which such uses may be permitted to operate.
5. The Planning staff is reviewing applicable issues
with appropriate senior officials to determine any related issues
which should be necessarily studied as a comprehensive land use
analysis in conjunction with the subject issue.
The foregoing represents the actions initiated by the
Planning staff in regard to the direction of the Council. Given
the scope of such undertakings in furtherance of the land use
analysis, it is not possible to have completed the same on a date
forty-five days after the City Council's initial adoption of the
interim zoning measure.
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