HomeMy WebLinkAbout590ORDINANCE NO. 590
AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRWINDALE,
CALIFORNIA, EXTENDING URGENCY ORDINANCE NO. 581 FOR ONE (1) YEAR
TO COMPLETE STUDIES AND PREPARE AN AMENDMENT TO THE CITY'S
ZONING ORDINANCE RELATIVE TO ADULT BUSINESSES AND
MASSAGE ESTABLISHMENTS
WHEREAS, the City Council of the City of Irwindale ("City Council"), at its regular
meeting of March 2, 2004, and pursuant to Government Code Sections 65858, 36934
and 36937, adopted Interim Urgency�Ordinance No. 580 establishing a moratorium (the
"Moratorium") on the granting of business licenses and occupancy permits for the
establishment and operation of adult businesses and massage establishments pending
the completion of an amendment to the Zoning Ordinance; and
WHEREAS, the City Council, at its regular meeting of April 6, 2004, and pursuant
to Government Code Section 65858(a), adopted Ordinance No. 581 extending the
effects of the Moratorium for an additional ten (10) months and fifteen (15) days pending
the completion of all required studies and analyses and the preparation and adoption of
the amendment to the Zoning Ordinance; and
! WHEREAS, staff will not be able to complete all of the required studies and
analyses and the preparation of the proposed amendment to the Zoning Ordinance
before February 21, 2005, the date that the ten (10) month and fifteen (15) day
extension expires; 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massage establishment standards and the related zoning code sections are outdated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 date to alleviate the conditions which led up to the adoption of
Interim Urgency Ordinances No. 580 and No. 581, 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. 581 for an additional time period of one (1) year (the "Project") 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:
Ordinance No. 590
Page 1
a. Continue the discussions with the Police Department in order to
identify and address their concerns and record their
recommendations to incorporate in the proposed development and
operating standards and requirements required to adequately
regulate the establishment and operation of such uses; and
b. Complete the survey of areas within the City to identify which sites
would be most suitable for adult businesses and massage
establishments; and
C. Complete the survey of other cities to learn about their regulatory
requirements concerning the establishment and operation of the
stated uses, determine the effectiveness of the regulatory
requirements and assess their applicability to Irwindale; and
WHEREAS, Government Code Sections 36937 and 65858 expressly authorizes
the City Council to adopt an ordinance prohibiting any uses which may be in conflict
with a contemplated general plan, specific plan or zoning ordinance which the City
Council, the Planning Commission or the Planning Department is considering studying
or intends to study within a reasonable period of time; and
WHEREAS, pursuant to the authority and criteria contained in the California
Environmental Quality Act ("CEQA") and the CEQA Guidelines, the City of Irwindale, as
the lead agency, has analyzed the Project and determined that there is no possibility
that the adoption of this Ordinance extending the Moratorium may have a significant
effect on the environment and, therefore, the adoption of this Ordinance is exempt from
the requirements of CEQA pursuant to the provisions of CEQA Guidelines Section
15061(b)(3); 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 Interim 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.
Ordinance No. 590
Page 2
M
SECTION 4. This Interim Ordinance is enacted pursuant to the authority
conferred upon the City Council of the City of Irwindale by Government Code Sections
36937 and 65858, 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 Interim 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
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
(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 Interim Ordinance shall be of no further force or effect one (1)
year from and after the date of its adoption.
Ordinance No. 590
Page 3
PASSED, APPROVED, AND ADOPTED this 1st day of March 2005.
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. 590 was duly introduced at a regular meeting of
the Irwindale City Council held on the 15th day of February 2005, and adopted on
second reading at a regular meeting of the City Council held on the 1st day of March
2005, by the following vote of the Council:
AYES: Councilmembers: Miranda, Tapia, Garcia, Ramirez, Mayor Breceda
NOES: Councilmembers: None
ABSENT: Councilmembers: None
ABSTAIN: Councilmembers: None
AFFIDAVIT OF POSTING
I, Linda J. Kimbro, Deputy City Clerk, certify that I caused a copy of Ordinance No. 590, adopted by the City Council of the
Ity of Irwindale at its reg Jlar meeting held March 1, 2005, to be posted at the City Hall, Library, and Post Office on March 7, 2005.
aL' a J. IGmb MC Dated: March 7, 2005
uty City Clerk
W
Ordinance No. 590
Page 4