HomeMy WebLinkAbout581URGENCY ORDINANCE NO. 581
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRWINDALE,
CALIFORNIA, EXTENDING URGENCY ORDINANCE NO. 580
FOR TEN MONTHS AND FIFTEEN DAYS TO COMPLETE STUDIES
AND PREPARE AN UPDATE TO THE CITY'S ZONING ORDINANCE RELATIVE TO
ADULT BUSINESSES AND MASSAGE ESTABLISHMENTS
WHEREAS, the City Council of the City of Irwindale ("City Council") adopted
Interim Urgency Ordinance No. 580 at its regular meeting on March 2, 2004, prohibiting
the granting of certain entitlements and/or land use permits as is set forth in more detail
therein, and incorporated herein by this reference as if set forth in full; and
WHEREAS, all of the findings cited in Interim Urgency Ordinance No. 580,
concerning the existence of an immediate and current threat to the public safety, health
and welfare, due to the fact that the City of Irwindale's ("City") adult business and
massage establishment standards and the related zoning code sections are outdated
and out of compliance with current State law, continue to be valid; and
WHEREAS, the City Council, acting through its planning staff, has issued the
written report required pursuant to Government Code Section 65858(d) describing the
measures taken to alleviate the conditions which led up to the adoption of Interim
Urgency Ordinance No. 580, which report is also incorporated herein by this reference
as if set forth in full; and
WHEREAS, pending completion of the tasks set forth in such report, the City
Council finds and determines that there is a need to extend Interim Urgency Ordinance
No. 580 for an additional ten (10) months and fifteen (15) days as authorized by
Government Code Section 65858(a) to enable City staff to further research and develop
a revised ordinance that addresses the City's concerns, which were the basis for the
moratorium, which research will include, but not be limited to the following:
a. Discuss with the Police Department and, if appropriate, review
appropriate Police Department files about their concerns in relation to
adult businesses and massage establishments in the City;
b. Review Code Enforcement files on prior adult businesses in the City
to determine their compliance with City ordinances; and
C. Survey sites within the City to determine which areas would be
suitable for adult businesses and massage establishments and
identify sites within those areas that would be appropriate for such
businesses and establishments; and
WHEREAS, Government Code Sections 65858, 36934 and 36397 expressly
^� authorize the City Council to adopt an urgency ordinance prohibiting any uses which
may be in conflict with a contemplated general plan, specific plan or zoning ordinance
Ordinance No. 581
Page 1
which the City Council or the Planning Department is considering studying or intends to
study within a reasonable period of time; and 114)
WHEREAS, subsequent to notice pursuant to Government Code Section 65090,
the City Council has conducted a public hearing on the extension proposed herein.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF IRWINDALE,
CALIFORNIA, DOES ORDAIN AS FOLLOWS:
SECTION 1. The City Council of the City of Irwindale finds that the above recitals
are true and correct.
SECTION 2. Continuing from and after the date of this urgency ordinance,
neither the City Council nor the Planning Department shall grant business licenses or
occupancy permits relating to adult businesses and massage establishments pending
completion of studies and related planning and zoning ordinances for the establishment
of a new zoning ordinance and adult business and massage establishment standards.
SECTION 3. This interim ordinance shall not apply to any application for a
business license or occupancy permit relating to adult businesses and massage
establishments where such application has, prior to March 2, 2004, been deemed
complete by City staff.
SECTION 4. This Urgency Ordinance is enacted pursuant to the authority
conferred upon the City Council of the City of Irwindale by Government Code Section
65858, 36934 and 36937, and shall be in full force and effect immediately upon its
adoption by a four-fifths (4/5) vote of the City Council as if and to the same extent that
such ordinance had been adopted pursuant to each of the individual sections set forth
hereinabove.
SECTION 5. In adopting this urgency ordinance extending Interim Urgency
Ordinance No.580, the City Council finds and determines that each of the recitals
contained in this ordinance are true and correct, and that the adoption of this interim
urgency ordinance is necessary to protect the public safety, health and welfare, as
those terms are defined in Government Code Section 65858(a), in at least the following
respects:
(a) Were the City Council or the Planning Department to grant a
business license or occupancy permit, or the like, relating to adult
businesses and massage establishments during the pendency of General
Plan update and the studies necessary to revise the City's zoning
ordinance relating to adult businesses and massage establishments, such
approvals could undermine the orderly development of property within the
City, resulting in a reduction of the quality, caliber and aesthetics of the
development of such property; and
Ordinance No. 581
Page 2
(b) Were the City Council or the Planning Department to grant a
business license or occupancy permit, or the like, relating to adult
businesses and massage establishments during the pendency of the
General Plan update and the studies necessary to revise the City's zoning
ordinance relating to adult businesses and massage establishments, such
approvals could undermine the orderly development of property within the
City, resulting in the inability of the City to assure that property is
developed to its highest and best use as allowed by law; and
(c) Were the City Council or the Planning Department to grant a
business license or occupancy permit, or the like, relating to adult
businesses and massage establishments during the pendency of the
General Plan update and the studies necessary to revise the City's zoning
ordinance relating to adult businesses and massage establishments, such
approvals could authorize development which is in violation of State laws.
SECTION 6. This Urgency Ordinance shall be of no further force or effect ten
(10) months and fifteen (15) days from and after the date of its adoption, unless the
same is extended pursuant to the authority conferred upon the City Council by
Government Code Section 65858(a).
PASSED, APPROVED, AND ADOPTED as an URGENCY ORDINANCE this 61h
day of April, 2004.
�� I
ff -Mar! A- Breceda, Mayor
.. Q i<" eke .a
Ordinance No. 581
Page 3
State of California }
County of Los Angeles } ss.
City of Irwindale }
I, Linda J. Kimbro, Deputy City Clerk of the City of Irwindale, California, do hereby
certify that the foregoing Ordinance No. 581 was duly introduced and adopted on an
urgency basis at a regular meeting of the City Council held on the 6th day of April 2004,
by the following roll call vote:
AYES: Councilmembers: Miranda, Tapia, Garcia, Ramirez, Mayor Breceda
NOES: Councilmembers: None
ABSENT: Councilmembers: None
ABSTAIN: Councilmembers: None
R".11 MOM.'�
AFFIDAVIT OF POSTING
Linda J. Kimbro, Deputy City Clerk, certify that I caused a copy of Ordinance No. 581, adopted by the City Council of the City of
ptndale at its regular meeting held April 6, 2004, to be posted at the City Hall, Library, and Post Office on Apol 7, 2004.
City Clerk
Ordinance No. 581
Page 4
Dated: April 7, 2004
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