HomeMy WebLinkAbout485NO. 485
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF IRWINDALE REPEALING SECTIONS 15.16.100 C, F
AND H, AMENDING SECTION 17.80.030 L.2 AND
ADDING A NEW CHAPTER 17.88 TO TITLE 17 OF THE
IRWINDALE MUNICIPAL CODE PERTAINING TO
TEMPORARY USES AND SPECIAL PERMITS.
A. Recitals.
(i) The City of Irwindale Zoning Ordinance, Title 17
of the Irwindale Municipal Code, does not presently contain a
procedure for permitting certain temporary uses within the City.
(ii) The City of Irwindale desires to establish an
effective system to permit certain temporary uses, of limited
duration, to occur within the City.
(iii) City staff has developed a proposed ordinance
to permit the establishment of specified temporary uses, with
appropriate controls and procedures applicable thereto.
(iv) The Planning Commission of the City of
Irwindale conducted and concluded a duly noticed public hearing
on the within Ordinance on September 2 1993 and recommended,
by its Resolution No.231-93, that this City Council adopt the
within Ordinance.
(v) This City Council, on February 24 , 1994,
conducted a duly noticed public hearing as required by law on the
within Ordinance and concluded said hearing prior to the adoption
of this Ordinance.
(vi) All legal prerequisites to this adoption of this
Ordinance have occurred.
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B. Ordinance.
NOW THEREFORE, the City Council of the City of
Irwindale does ordain as follows:
Section 1: In all respects as set forth in the
Recitals, Part A, of this Ordinance.
Section 2: The City Council hereby finds that Negative
Declaration No. ND -93-6 has been prepared in compliance with
the California Environmental Quality Act of 1970, as amended, and
the Guidelines promulgated thereunder, that said Negative
Declaration and the Initial Study therefor reflect the
independent judgment of the City of Irwindale, and further, this
City Council has reviewed and considered the information
contained in said Negative Declaration No. ND - 93-6 with
respect to the Ordinance set forth herein.
Section .2: The City Council hereby specifically finds
and determines that, based upon the findings set forth below, and
changes and alterations which have been incorporated into the
proposed Ordinance, no significant adverse environmental effects
will occur.
Section 4: The City Council finds that facts
supporting the above-specified findings are contained in the
Negative Declaration, the staff report and exhibits, and the
information provided to this City Council during the public
hearing conducted with respect to the Ordinance and the Negative
Declaration.
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Section 5: Pursuant to the provisions of § 753.5(c) of
Title 14 of the California Code of Regulations, the City Council
finds as follows: In considering the record as a whole, the
Initial Study and Negative Declaration No. ND - 93 - 6 , there is
no evidence before this City Council that the proposed Ordinance
will have potential for an adverse impact on wildlife resources
or the habitat upon which wildlife depends. Further, based upon
substantial evidence contained in the Negative Declaration, the
staff report and exhibits, and the information provided to the
City Council during the public hearing, this City Council hereby
rebuts the presumption of adverse effect as set forth in
I § 753.5(c -1-d) of Title 14 of the California Code of Regulations.
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Section 6: Sections 5.16.100 C, F and H of Chapter
5.16 of Title 5 of the Irwindale Municipal Code hereby are
repealed in their entirety.
Section 7: Section 17.80.030 L.2 of chapter 17.80 of
Title 17 of the Irwindale Municipal Code hereby is amended to
read, in words and figures, as follows:
"L.2. Circuses or carnivals (for a period of
thirty-one (31) days or longer) or fairgrounds;"
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Section 8: A new Chapter 17.88 hereby is added to
Title 17 of the Irwindale Municipal Code to read, in words and
figures, as follows:
"Chapter 17.88
"TEMPORARY USES AND SPECIAL PERMITS
$'Sections:
0117.88.010 Purpose and intent.
1117.88.020 Temporary use.
1117.88.030 Application - Temporary permit.
1117.88.040 Investigation - Temporary
permit.
1117.88.050 Action on application by
Director.
1117.88.060 Appeals.
1117.88.070 Revocation of temporary permit.
1117.88.010 Purpose and intent.
"The purpose of this Chapter is to provide a
procedure by which certain specific temporary uses may
be approved which may require special investigations or
require that certain conditions be attached in order to
preserve the public peace, health, safety or welfare of
the City or its inhabitants.
1117.88.020 Temporary use.
"A. For the purpose of this chapter, "temporary
use" means an activity of less than thirty days in
duration.
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"B. No person shall operate and no business
license shall be issued for any of the following
temporary uses until a permit has been first obtained
therefor, in writing, for such use pursuant to the
provisions of this Chapter:
"1. Antique, coin, stamp, gem, art shows,
etc., within property zoned and developed buildings;
112. Auctions;
113. Automobile rallies;
114. Carnival, circus and any related ride,
booth or attraction or other device attractive to
children;
ro�` "5. Christmas tree sales;
116. Special attractions within properly zoned
and developed buildings;
117. Dog/cat shows (within public parks:
further subject to the requirements of the Recreation
Department);
118. Mobile health services/marketing surveys;
119. Special event sales in parking lots
and/or private sidewalks, bake sales, rummage sales,
etc., limited to not more than three consecutive days in
duration, nor more than three events per calendar year
(but excludes residential garage sales). Limited to
nonprofit charitable organizations and those merchants
with a permanent location on the site where the special
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event sale is to be held;
1110. Trailer, night watchman, in conjunction
with approved Christmas tree sales, fireworks stands,
etc.;
I'll. Pumpkin sales;
"12. Parades, marching bands/practice for and
participation in;
1113. Curb painting, limited to nonprofit
charitable organizations;
1114. Special promotions, parachute drop,
searchlights, concerts, etc.; and
1115. Swap meets.
x"11 1117.88.030 Application - Temporary permit.
"An application, provided by the Planning
Department, shall be submitted to the Director a minimum
of thirty (30) days prior to the inception date of the
requested use. The application shall be signed and
verified by the applicant and set forth the following:
"A. The name, address and telephone number of the
applicant;
"B. The name, address and telephone number of
persons employed, if any;
"C. The address and location where such activity
is to be conducted;
"D. A brief description of the nature and amount
ro"l of equipment or product to be used in such activity;
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"E. A written authorization from the property
owner or his or her agent acknowledging and permitting
such activity;
"F. If activity is not within a permanent
building, two sets of plot plans describing the location
of the use, pedestrian and vehicular circulation in and
around the subject area shall accompany the application;
"G. A personal description of the applicant, with
evidence of the identity and any other information that
the City deems necessary in order to properly evaluate
the application.
1917.88.040 Investigation - Temporary permit.
'+ "A. The Director shall immediately forward copies
of the application and any attachments to every City
Department which would or could be affected by such use.
"B. Each such Department shall investigate and
respond in writing to the Director with recommendations
on the application within fifteen (15) days of
transmittal thereof.
1117.88.050 Action on application by Director.
"A. Except as otherwise provided in this Code, the
Director, after investigation of the application, may
approve, conditionally approve or deny a permit. The
Director shall have the right to refuse to issue such
permit if he or she determines that the granting of same
or the conduct of the business will be contrary to the
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preservation of the public peace, health, safety or
welfare of the City or its inhabitants.
"B. If such permit is granted, the Director may
impose such terms, conditions and restrictions upon the
operation and conduct of such business, not in conflict
with any paramount law, as he or she may deem necessary
or expedient to protect the public peach, health, safety
or welfare of the City or its inhabitants.
1117.88.050 Appeals.
"Any applicant for such a permit who is denied a
permit by the Director shall be entitled to appeal such
decision to the Planning Commission by a written request
r*111 filed with the City Clerk within ten (10) days of
notification of the decision by the Director. Appeals
shall be conducted and processed in accordance with this
Title.
1117.88.070 Revocation of temporary permit.
"Whenever the Director determines that a use
authorized hereunder is being or may be conducted in
violation of the conditions of approval thereon, or in
violation of any provision of this Code or other law or
regulations, the Director may initiate revocation
proceedings pursuant to this Title."
Section 9: It shall be unlawful for any person, firm,
partnership, or corporation to violate any provision or to fail
to comply with any of the requirements of this Ordinance. Any
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person, firm, partnership or corporation violating any provisions
of this Ordinance or failing to comply with any of its
requirements shall be deemed guilty of a misdemeanor and upon
conviction thereof shall be punished by a fine not exceeding Five
Hundred Dollars ($500.00), or by imprisonment not exceeding six
(6) months, or by both such fine and imprisonment. Each and
every person, firm, partnership, or corporation shall be deemed
guilty of a separate offense for each and every day or any
portion thereof during which any violation of any of the
provisions of this Ordinance is committed, continued or permitted
by such person, firm, partnership or corporation, and shall be
deemed punishable therefor as provided in this Ordinance.
Section 10: The violation of any of the provisions of
this Ordinance shall constitute a nuisance and may be abated by
the City through civil process by means of restraining order,
preliminary or permanent injunction or in any other manner
provided by law for the abatement of such nuisances.
Section 11: The City Council declares that, should any
provision, section, paragraph, sentence or word of this Ordinance
be rendered or declared invalid by any final court action in a
court of competent jurisdiction, or by reason of any preemptive
legislation, the remaining provisions, sections, paragraphs,
sentences and words of this Ordinance shall remain in full force
and effect.
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Section 12: The City Clerk shall certify to the
adoption of this Ordinance and shall cause the same to be
published as required by law.
ADOPTED AND APPROVED this 28th day of April, 1994
J'L. '�
Mayor
I, DAVID CARETTO, City Clerk of the City of Irwindale,
do hereby certify that the foregoing Ordinance was introduced at
a regular meeting of the City Council of the City of Irwindale
held on the 24thday of February , 1994, and was finally
adopted at a regular meeting of the City Council of the City of
Irwindale held on the 28th day of April , 1994, by the
following vote:
AYES: COUNCIL MEMBERS: Miranda, P., Breceda, J., and
Miranda, J.
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAINED: COUNCIL MEMBERS: Tapia, J. and Chavez, R.
ATTEST:��
City Clerk of the City of
Irwindale
C\1021\ORDADD17.88\I 6.6 10