HomeMy WebLinkAbout595URGENCY ORDINANCE NO. 595
AN URGENCY INTERIM ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF IRWINDALE, CALIFORNIA, IMPOSING A MORATORIUM ON THE
ISSUANCE OF USE PERMITS, VARIANCES, SITE PLANS, BUSINESS LICENSES,
OCCUPANCY PERMITS, BUILDING PERMITS, OR SIMILAR PERMITS FOR THE
SALE OF ALCOHOLIC BEVERAGES, PENDING COMPLETION OF AN
AMENDMENT TO THE ZONING ORDINANCE AND DECLARING THE
URGENCY THEREOF
WHEREAS, consistent with State law, the City Council of the City of Irwindale
("City Council") has previously adopted a General Plan and a zoning ordinance; and
WHEREAS, the City Council has previously found and determined that the City
of Irwindale ("City") General Plan, which was prepared in 1973, is outdated, out of
compliance with State law and in need of updating; and
WHEREAS, the City's staff has been diligently preparing and processing an
update of the City's General Plan and anticipates approval of the updated General Plan
within the next several months; and
WHEREAS, once the updated General Plan has been adopted, City staff will
amend the Zoning Ordinance to be consistent with the General Plan and to be in
compliance with current State laws; and
WHEREAS, the City Council has determined that there is an undue
concentration of establishments engaging in the sale of alcoholic beverages as
evidenced by the existence of five (5) such establishments within a two -block radius in
the Civic Center area; and
WHEREAS, the City Council has determined that the public convenience,
necessity, welfare, and morals would not be served by permitting an unrestricted
increase in the number of establishments participating in the sale of alcoholic beverages
under the current saturation conditions as evidenced by the relatively high ratio of such
establishments per capita in Irwindale (one off -sale per 235 residents and one on -sale
per 182 residents), when compared with the County (one off -sale per 2,500 residents
and one on -sale per 2,000 residents, and
WHEREAS, the City Council has determined that the Irwindale Municipal Code
currently lacks sufficient provisions, including development standards and operating
controls, to adequately regulate the establishment, and operation of establishments
engaged in the sale of alcoholic beverages in Irwindale, and
WHEREAS, the City Council finds and determines that the proliferation of
establishments engaging in the sale of alcoholic beverages, particularly off -sale
establishments located in service stations, pose a threat to residents of the City due to
the harmful secondary effects of such businesses as evidenced by the number of
Ordinance No. 595
Page 1
service calls from the Irwindale Police Department, averaging ten (10) responses per
month for the last 19 months for the three (3) such establishments in the City; and
WHEREAS, the City Council believes that there is a real and credible threat of
establishments engaging in the sale of alcoholic beverages opening in the City and is
concerned about the possible impacts that could reasonably result from the imminent
increase in such establishments within City limits; and
WHEREAS, the City Council desires to ensure that all business licenses and
occupancy permits relating to establishments engaging in the sale of alcoholic
beverages within the City are being undertaken in a manner that reflects the current
laws and are consistent with the City's General Plan; and
WHEREAS, the City Council believes that this ordinance will facilitate the control
and regulation of establishments engaging in the sale of alcoholic beverages within the
City without unduly restricting the rights of such operators ; and
WHEREAS, in an effort to develop comprehensive and appropriate revisions to
the City's Zoning Ordinance relating to establishments engaging in the sale of alcoholic
beverages and to ensure that the Zoning Ordinance and all zoning -related decisions
within the City are consistent with the updated General Plan, the City Council directs
staff to update the City's Zoning Ordinance, including, but not limited to: (a) the
preparation of development and operating standards for the establishment and
operation of such establishments, (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; and
WHEREAS, in order to ensure sufficient time for staff to undertake the
comprehensive planning required to revise the City's Zoning Ordinance to be consistent
with the updated General Plan and all applicable State laws relative to establishments
engaging in the sale of alcoholic beverages, it will be necessary to temporarily suspend
the granting of conditional use permits, variances, site plan permits, business licenses,
occupancy permits, building permits or similar permits relating to such establishments
pending approval of the updated General Plan and the subsequent completion of
revisions to the City's Zoning Ordinance, except any permit for which an application has
been filed before the date of adoption of this urgency Ordinance; 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 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
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Page 2
WHEREAS, the City Council believes that this Ordinance is critical for the
immediate protection of City's residents, for the preservation of public welfare, and will
help achieve the foregoing objectives; and
WHEREAS, Government Code Sections 65858, 36934 and 36937 expressly
authorize the City Council to adopt an urgency ordinance prohibiting any uses which
may be in conflict with the contemplated zoning ordinance which the legislative body of
the City or the Planning Department is considering or studying or intends to study within
a reasonable time.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF IRWINDALE,
CALIFORNIA, DOES ORDAIN AS FOLLOWS:
SECTION 1. Recitals Incorporated. The City Council of the City of Irwindale
finds that the above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2. Interim Ordinance. From and after the date of this Urgency
Ordinance, no 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, except as set forth in Section 5 below.
SECTION 3. Effects. Notwithstanding any provisions of the Irwindale Municipal
Code or other ordinances of the City of Irwindale, no conditional use permit, use permit,
variance, site plan, business license, occupancy permit, building permit, or similar
permit for the sale of alcoholic beverages shall be processed or approved during the
period of this moratorium and any extension thereof, except as set forth in Section 5
below.
SECTION 4. Term. This Interim Ordinance shall be of no further force or effect
one (1) year from and after the date of its adoption.
SECTION 5. Exemptions. The moratorium established in Sections 1 and 2
above 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.
(c) Any modification of use permits, variances, site plans, business
licenses, occupancy permits, building permits, or similar permits
Ordinance No. 595
Page 3
which involve only a proposed change of ownership of the
permitted businesses.
SECTION 6. Severability. If any section, subsection, sentence, clause, or
phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a
decision of any court of any competent jurisdiction, such decision shall not affect the
validity of the remaining portions of this Ordinance. The City Council hereby declares
that it would have passed this Ordinance, and each and every section, subsection,
sentence, clause and phrase thereof not declared invalid or unconstitutional without
regard to whether any portion of the Ordinance would be subsequently declared invalid
or unconstitutional.
SECTION 7. Effective Date. 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 8. Certification. The City Clerk shall certify as to the passage and
adoption of this Ordinance and shall cause the same to be posted at the designated
locations in the City of Irwindale.
PASSED, APPROVED, and ADOPTED this 6t" day oeptember 5.
CiA ,
Mark A. Breceda, Mayor
ATTEST:
L- da J. Ki m, MC
eputy City Clerk
Ordinance No. 595
Page 4
.,,. STATE OF CALIFORNIA }
COUNTY OF LOS ANGELES } ss.
CITY OF IRWINDALE }
I, Linda J. Kimbro, Deputy City Clerk of the City of Irwindale, do hereby certify
that the foregoing Ordinance No. 595 was duly introduced and adopted at a regular
meeting of the Irwindale City Council held on the 6th day of September 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
da J. Kin•r6,
-•
AFFIDAVIT OF POSTING
I, Linda J. Kimbro, Deputy City Clerk, certify that I caused a copy of Ordinance No. 595, adopted by the City Council of the City of
Irwi ale at its regular meeting held September 6, 2005, to be posted at the City Hall, Library, and Post Office on September 7,
20 5.
P
�.> > Dated: September 7, 2005
ind . Kimbro, C C
e City Clerk
Ordinance No. 595
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