HomeMy WebLinkAbout588URGENCY ORDINANCE NO. 588
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRWINDALE,
CALIFORNIA, EXTENDING URGENCY ORDINANCE NO. 585 FOR TEN MONTHS
AND FIFTEEN DAYS TO COMPLETE STUDIES AND PREPARE AN UPDATE TO
THE CITY'S ZONING ORDINANCE RELATIVE TO THE SALE OF ALCOHOLIC
BEVERAGES
WHEREAS, the City Council of the City of Irwindale ("City Council") adopted
Interim Urgency Ordinance No. 585 at its regular meeting on October 5, 2004,
prohibiting the granting of certain entitlements, and/or land use permits such as use
permits, variances, site plans, business licenses, occupancy permits, building permits,
or similar permits as is set forth in more detail therein; and
WHEREAS, all of the findings cited in Interim Urgency Ordinance No. 585,
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") standards and the related
zoning code sections relative to the sale of alcoholic beverages are outdated and out of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. 585, 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. 585 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. Conduct a survey of the operating and permitted establishments
engaged in the sale of alcoholic beverages in the City and assess the
degree of spatial saturation; and
b. Discuss with the Police Department and, if appropriate, review
pertinent Police Department files about their concerns in relation to
the operation of establishments engaged in the sale of alcoholic
beverages in the City; and
C. Review Code Enforcement files on prior establishments engaged in
the sale of alcoholic beverages in the City to determine their
compliance with City ordinances; and
Ordinance No. 588
Page 1
Survey sites within the City to determine which areas would be
suitable for the location of establishments selling alcoholic beverages
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
which the City Council or the Planning Department is considering studying or intends to
study within a reasonable period of time; and
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 any agency of the City shall issue any use permits,
variances, site plans, business licenses, occupancy permits, building permits, or similar
permits for the sale of alcoholic beverages in the City of Irwindale pending completion of
surveys and studies required to develop comprehensive and appropriate revisions to
the City's Zoning Ordinance, including, but not limited to: (a) the preparation of
development and operating standards for the establishment and operation of
establishments selling alcoholic beverages, (b) the incorporation of adequate conditions
of approval relative to the establishment and operation of such establishments, and (c)
an overall amendment of the Zoning Ordinance relative to such establishments in a
manner that addresses the threat to the community without unduly restricting the rights
of such operators.
SECTION 3. This interim ordinance shall not be applicable to the following:
(a) Any application for a use permit, which is proposed to be utilized in
conjunction with the operation of a "bona fide public eating place,"
as said term is defined by the Alcoholic Beverage Control Act
contained in the California Business and Professions Code.
(b) Projects which have filed for a use permit, variance, site plan,
business license, occupancy permit, building permit, or similar
permit for the sale of alcoholic beverages prior to the date of
adoption of this Urgency Ordinance on October 5, 2004.
(c) Any modification of use permits, variances, site plans, business
licenses, occupancy permits, building permits, or similar permits
Ordinance No. 588
Page 2
which involve only a proposed change of ownership of the
permitted businesses.
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. 585, 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 any agency of the City to grant a use
permit, a variance, a site plan, a business license, an occupancy permit, a
building permit, or a similar permit for the sale of alcoholic beverages
during the pendency of the General Plan update and the studies
necessary to revise the City's zoning ordinance relating to the sale of
alcoholic beverages, 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
(b) Were the City Council or any agency of the City to grant a use
permit, a variance, a site plan, a business license, an occupancy permit, a
building permit, or a similar permit for the sale of alcoholic beverages
during the pendency of the General Plan update and the studies
necessary to revise the City's zoning ordinance relating to the sale of
alcoholic beverages, 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 any agency of the City to grant a use
permit, a variance, a site plan, a business license, an occupancy permit, a
building permit, or a similar permit for the sale of alcoholic beverages
during the pendency of the General Plan update and the studies
necessary to revise the City's zoning ordinance relating to the sale of
alcoholic beverages, 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).
Ordinance No. 588
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PASSED, APPROVED, AND ADOPTED as an URGENCY ORDINANCE this
16`h day of November 2004.
Breceda, Mayor
ATTEST:
!.. nbr CMC
STATE OF CALIFORNIA }
COUNTY OF LOS ANGELES } ss.
CITY OF IRWINDALE }
I, Linda J. Kimbro, City Clerk of the City of Irwindale, California, do hereby certify
that the foregoing Ordinance No. 588 was duly introduced and adopted at a regular
meeting of the City Council held on the 16th day of November 2004, by the following roll
call vote:
AYES: Councilmembers: Miranda, Tapia, Garcia, Ramirez, Mayor Breceda
NOES: Councilmembers: None
ABSENT: Councilmembers: None
ABSTAIN: Councilmembers: None
LindJ imbro,
Depu City Clerk
AFFIDAVIT OF POSTING
I, Linda J. Kimbro, Deputy City Clerk, certify that I caused a copy of Ordinance No. 588 adopted by the City Council of the
ry of Iry indale at Its regu ar meeting held November 16, 2004, to be posted at the City Hall, Library, and Post Office on November
2004. �'1 / .
LI J. Kimb M Dated: !/1(�Q /YI Utf ��, �%�`�
puty City Clerk
Ordinance No. 588
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