HomeMy WebLinkAbout605ORDINANCE NO. 605
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRWINDALE
ADDING CHAPTER 17.58 TO AND AMENDING SECTIONS 5.36.055,
17.32.010, 17.36.010 AND 17.80.030 OF THE IRWINDALE MUNICIPAL CODE
TO ESTABLISH REGULATIONS FOR ESTABLISHMENTS ENGAGED IN THE
RETAIL SALE OF ALCOHOLIC BEVERAGES
WHEREAS, alcohol abuse can create environments which seriously affect
the public health, safety and general welfare; and
WHEREAS, in order to reduce the costly and harmful effects of
irresponsible alcohol sales and consumption on local business, residents, law
enforcement, medical care, educational, preventative treatment and rehabilitation
resources, comprehensive and standardized regulations are needed for alcoholic
beverage establishments; 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, in adopting this Ordinance, takes legislative
notice of the factual findings and legal conclusions in the numerous judicial
decisions on the regulation of businesses engaged in the sale of alcoholic
beverages which include but are not limited to the following: City of Oakland v.
Superior Court (1996) 45 Cal. App. 4th 740, Bauer v. City of San Diego (1999) 75
Cal. App. 4th 1281, Korean Am. Legal Advocacy Found. v. City of L.A. (1994) 23
Cal. App. 4th 376 and Suzuki v. City of Los Angeles (1996) 44 Cal. App. 4th 263,
Mussalli v. City of Glendale (1988) 205 Cal. App. 3d 524, Bocatto v. City of
Hermosa Beach (1994) 29 Cal. App. 4t" 1797, People v. Brewer (1991) 235 Cal.
App. 3d 909, People v. Butler Q967) 252 Cal. App. 2de Supp. 1053, and People
v. Duran (1995) 43 Cal. App. 4 Supp. 1.
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
Ordinance No. 605
Page 1
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 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 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, the public was duly noticed of the public hearings; and
WHEREAS, pursuant to the authority and criteria contained in the
California Environmental Quality Act ("CEQA") and the CEQA guidelines, it has
been determined that the proposed amendment is categorically exempt under
Class 5, minor alterations in the land use limitations.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
IRWINDALE DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Title 17 of the Irwindale Municipal Code is hereby amended by
adding a new Chapter 17.58 to read as follows:
"Chapter 17.58 Alcoholic Beverage Establishments
17.58.010 Purpose and intent.
17.58.020 Definitions.
17.58.030 Conditional Use Permit required.
17.58.040 Conditional Use Permit—Distance requirements.
17.58.050 Conditional Use Permit—Findings.
17.58.060 Conditional Use Permit—Factors regarding public convenience
or necessity.
17.58.070 General conditions of approval for all establishments engaged in
the sale of alcoholic beverages.
17.58.080 Specific conditions of approval for on -sale and off -sale alcoholic
beverage establishments.
17.58.090 Wall, landscaping and off-street parking requirements.
17.58.100 Performance standards to prevent public nuisance.
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17.58.110 Inspection and Right of Entry.
17.58.120 Administrative review of Conditional Use Permits.
17.58.130 Violation.
17.58.140 Severability.
17.58.010 Purpose and intent.
The purpose of this chapter is to preserve a healthy environment for
residents and businesses by establishing a set of consistent standards for the
safe operation of alcoholic beverage establishments. It is recognized that
hospitality, entertainment, recreation and related businesses are a significant part
of the city's economy, and that alcoholic beverage sales are important to the
operation of these businesses. It is also recognized that alcohol abuse can
create environments which jeopardize the continued success of these
businesses and seriously affect the health, safety and general welfare in
surrounding areas, particularly residential neighborhoods.
This chapter is intended to deal with and prevent these alcohol related
problems including driving under the influence, assaults, public inebriation,
littering, loitering, obstruction of pedestrian traffic, vehicular traffic, parking crime,
interference with children on their way to school, interference with shoppers
using the streets, defacement and damaging of structures, discouragement of
more desirable and needed commercial uses and other similar zoning problems
and nuisance activity connected primarily with the operation of establishments
engaged in the sale of alcoholic beverages for consumption on and off the
premises.
17.58.020 Definitions.
For the purpose of this chapter, the following words or terms shall be
defined as follows:
(A) "Alcoholic beverage" means a fermented or distilled beverage
including alcohol, spirits, liquor, wine, beer and every liquid or solid containing
alcohol, spirits, wine or beer which contains one-half of one percent or more of
alcohol by volume which is fit for beverage purposes, either alone or when
diluted, mixed or combined with other substances, and sales of which require a
license from the Department of Alcoholic Beverage Control.
(B) "Department of Alcoholic Beverage Control" or "ABC" means the
California State Department of Alcoholic Beverage Control.
(C) "Bona fide restaurant" means a business enterprise which is
conducted, or proposed to be conducted, in compliance with the following
requirements:
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(1) At least 1 full-time cook engaged by the business enterprise
to prepare meals for patrons on the premises during the permissible hours of
operation;
(2) A printed menu which is provided to patrons by an employee
for the purpose of ordering meals;
(3) If the establishment sells alcohol, the issuance by ABC of a
type 41 or a type 47 license;
(4) A kitchen and dining area that constitute permanent and
identifiable portions of the business premises;
(5) Not less than 51 % of the business enterprise is derived from
the sale of meals and non-alcoholic beverages;
(6) No more than 35% of the establishment's total floor area is
dedicated to a bar or cocktail lounge area;
(7) Any bar or cocktail lounge operated by the business
enterprise is separated from the dining area by a wall or other partition; and the
bar or cocktail lounge area does not remain open when the dining area is closed.
This shall not include an establishment that serves alcohol without a meal service
being provided, with the exception that alcohol sales to restaurant patrons may
continue for up to 2 hours after meal service has ceased to allow guests to
comfortably complete their meals;
(D) "Entertainment" means any form of entertainment, as defined by
chapter 5.36 of this code.
(E) "Existing deemed approved alcoholic beverage establishment"
means any establishment lawfully engaged in the sale of alcoholic beverages,
on -sale and off -sale, which is in existence prior to the effective date of this
chapter, retains the same type of alcoholic beverage license and continues to
legally operate without "substantial change in the mode or character of operation"
as defined by this section.
(F) "Drug store" means any business establishment which is
characterized primarily by the sale of prescription drugs, which has a floor area of
more than five thousand square feet.
(G) "Fast food restaurant" means a restaurant whose business is
primarily related to take out food. Customers typically order food from a menu
board. A fast food restaurant may also have a drive-through window. A fast food
restaurant is not considered a "bona fide restaurant" for the purposes of this
chapter.
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(H) "Grocery store" means any business establishment selling food
products, household merchandise, and/or prescription drugs to the public which
has a floor area of more than five thousand square feet.
(1) "Meals" mean the usual assortment of foods commonly ordered at
various times of the day for the cuisine served. The service of snack foods and/or
appetizers alone shall not be deemed the service of "meals." "Meals" shall be
prepared on the premises. Heating of food prepared elsewhere shall not
constitute a meal for the purposes of this chapter.
(J) "Off -sale alcoholic beverage establishment" means any business
establishment which has obtained or is in the process of obtaining a retail liquor
license from ABC authorizing the sale of alcoholic beverages for consumption off
the premises in original, unopened containers. Such retail liquor licenses include
type 20 (off -sale beer and wine) or type 21 (off -sale general). Typical off -sale
alcoholic beverage establishments include, but are not limited to, grocery store,
food markets, supermarkets, drugstores, liquor stores and convenience markets.
(K) "On -sale alcoholic beverage establishment" means any business
establishment where alcoholic beverages are sold, served or given away for
consumption on the premises that is licensed, or proposed to be licensed, by
ABC. Such retail licenses include: type 40 (on -sale beer eating place), type 41
(on -sale beer and wine), type 47 (on -sale general), type 51 (on -sale general for
club). Typical on -sale alcoholic beverage establishments include, but are not
limited to, bars, restaurants, ballrooms, dance bars, piano bars, billiard and/or
game parlors, night clubs or other private clubs, and veterans clubs.
(L) "Substantial change in mode or character of operation" includes,
but is not limited to, the following situations:
(1) The alcoholic beverage establishment has changed, or
proposes to change, its type of retail liquor license with the Department of
Alcoholic Beverage Control;
(2) Any use made non -conforming per Chapter 17.76;
(3) The off -sale alcoholic beverage establishment increases the
floor area or shelf space principally devoted to alcohol sales by 10% or more;
(4) The on -sale alcoholic beverage establishment increases the
floor area principally devoted to alcohol sales by more than 100 square feet;
(5) The alcoholic beverage establishment proposes to reinstate
alcohol sales after the retail liquor license has been revoked or suspended for a
period greater than 90 days by the Department of Alcoholic Beverage Control; or
(6) The establishment is a bona fide restaurant with a type 41
license that adds entertainment;
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(7) The alcoholic beverage establishment is found to have
violated the city's nuisance and public welfare laws as set forth in chapter 8.08 of
this code.
(M) "Specialty food store" means any business establishment selling
ethnic, imported, and/or gourmet food products including cheeses, meats, baked
goods, condiments, seasoning and novelty foods and beverages that has a floor
area of more than 2,500 square feet.
(N) "Supermarket" means any business establishment selling food
products, household merchandise, and/or drugs to the public which has a floor
area of more than 10,000 square feet.
17.58.030 Conditional Use Permit required.
(A) On or after the effective date of this chapter, no place where
alcoholic beverages are sold, served, or given away as a normal course of
business for on -sale or off -sale consumption, shall be established without first
obtaining a conditional use permit. Issuance of a conditional use permit, and any
appeal, shall be in accordance with the requirements set forth in Chapter 17.80
of this code and the requirements of this chapter. No existing deemed approved
alcoholic beverage establishment shall substantially change its mode or
character of operation as such terms are defined in Section 17.50.020, without
first obtaining a conditional use permit.
17.58.040 Conditional Use Permit --Distance requirements.
(A) A conditional use permit shall not be issued to a proposed on -sale
or off -sale alcoholic beverage establishment if the proposed establishment would
be located within 300 feet from another such establishment or any residential
use, church or other place of worship, or hospital; or within 1000 feet from an
educational institution, nursery school, day camp, daycare center, public park, or
playground, as such distances are measured from the closest property line of
each use. Notwithstanding any provision in this chapter to the contrary, an
"existing deemed approved alcoholic beverage establishment" which is seeking
to obtain a conditional use permit shall not be required to comply with these
distance requirements as part of the conditional use permit process. In addition,
these distance requirements shall not apply to the location of any proposed on -
sale or off -sale alcoholic beverage establishment within a bona fide restaurant or
specialty food store as such terms are defined in section 17.58.020.
17.58.050 Conditional Use Permit --Findings.
To approve a conditional use permit for an alcoholic beverage
establishment (whether for on -sale or off -sale consumption), the Planning
Commission shall find that the proposed use is consistent with the purpose and
intent of this chapter. In addition, the Planning Commission shall make the
following findings in addition to the findings required by Chapter 17.80:
Ordinance No. 605
Page 6
(A) That the proposed use serves the public convenience or necessity,
based upon the factors outlined in Section 17.58.060 herein; and
(B) That the proposed establishment will comply with the conditions of
approval at Section 17.58.070 and 17.58.080 of this chapter.
(C) That the proposed use will not adversely affect nearby residents
and facilities primarily devoted to use by children, families, and the general
public, after giving consideration to the distance or proximity of the proposed
alcoholic beverage establishment to residential districts, educational institutions,
nursery schools, day camps, day care centers, public parks, playgrounds, places
of worship or hospitals.
In order for the Planning Commission to establish the required findings
listed above, the burden shall be on the applicant, to show that the proposed use
will not adversely affect the welfare of nearby residents, or detrimentally affect
nearby residentially zoned communities.
17.58.060 Conditional Use Permit --Factors regarding public
convenience or necessity.
In deciding whether to issue the conditional use permit, the Planning
Commission shall consider whether the public convenience or necessity would
be served by the proposed alcoholic beverage establishment and make findings
to justify such conclusion based upon review and consideration of relevant
factors, which shall include the following:
(A) The extent to which the issuance of the conditional use permit
would duplicate services and therefore contribute to an over -concentration of
alcoholic beverage establishments;
(B) The extent to which alcohol sales are related to the function of the
proposed use, and the possibility of the use operating in a viable manner without
alcoholic beverage sales;
(C) The ability of the proposed establishment to serve a niche in the
market not filled by other alcoholic beverage establishment licenses in the area;
(D) The convenience of purchasing alcoholic beverages in conjunction
with other specialty food sales or services;
(E) The aesthetic character and ambiance of the proposed
establishment;
(F) The manner in which the proposed establishment is to be
conducted (special or unique features), including the extent to which the
establishment will provide an adequate and well trained staff;
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(G) The manner in which the proposed establishment complements the
established or proposed businesses in the surrounding area;
(H) The extent to which the proposed establishment, location and/or
operator has a history of law enforcement problems;
(1) The crime rate in the reporting district and adjacent reporting
districts as compared to other areas in the city or adjacent cities;
(J) The number of alcohol-related police calls for service, crimes or
arrests in the reporting district and in adjacent districts;
(K) The extent to which the proposed establishment will maintain
security, or surveillance, both inside and outside the premises and comply with
all applicable laws.
17.58.070 General conditions of approval for all establishments
engaged in the sale of alcoholic beverages.
Establishments engaged in the retail sale of alcoholic beverages shall be
operated in a manner which does not interfere with the normal use of adjacent
properties.
(A) The applicant shall be required to submit a site plan, floor plans,
and elevations of the alcoholic beverage establishment to be reviewed by city
staff. After review and evaluation, city staff may require the incorporation of
design features that assist in reducing alcohol-related problems. The City may
impose conditions on the alcoholic beverage establishment which may include,
but are not limited to, openness to surveillance and control of the interior and
exterior of the premises, the perimeter, and surrounding properties; reduction of
opportunities for congregating and obstructing public ways and neighboring
property; increased illumination of exterior areas; and limiting furnishings and
features that encourage loitering and nuisance behavior.
(B) In addition to those conditions which the Planning Commission may
otherwise impose, all conditional use permits for alcoholic beverages
establishments shall be subject to the following conditions for approval:
(1) That a decorative masonry wall of six feet in height shall be
constructed around the parking area of such establishments when said area is
adjacent to properties zoned or used for residential purposes or any other
sensitive use, as listed in Section 17.58.040.
(2) That the establishment complies with the Irwindale Municipal
Code, including those regulations for off-street parking, noise, signs, drinking in
public, landscape and irrigation, and graffiti removal.
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Page 8
(3) That exterior lighting of the parking area shall be kept at an
intensity of between 1 and 2 foot candles, so as to provide adequate lighting for
patrons while not disturbing surrounding residential or commercial areas. Light
sources shall be screened or shielded from adjacent properties and from the sky.
(4) That adequate security measures shall be provided as
specified by the police department, including retaining trained staff and security
personnel and providing security devices such as surveillance or burglar alarm
systems.
(5) The operator of the establishment shall ensure that no trash
or litter originating from the site is deposited onto neighboring properties or onto
the public right-of-way. The owner or operator shall provide for daily removal of
trash, litter and debris from the premises and on all abutting sidewalks within 20
feet of the premises.
(6) That hours of operation, including deliveries to the proposed
establishment, shall be compatible with the need and character of the
surrounding neighborhood. In order to protect the public health, safety and
welfare, the Planning Commission may limit the hours of operation.
(7) That the owner of the establishment shall maintain all
required permits and/or licenses for the sale of alcoholic beverages in good
standing.
(8) That a copy of the current business license shall be kept on
the premises of the establishment and be presented to any planning director, city
code enforcement officers, law enforcement officers or their duly authorized
representatives, upon request.
(9) In addition to the conditions enumerated above, additional
conditions may be imposed by the Planning Commission for the protection of the
public health, safety or welfare.
17.58.080 Specific Conditions of Approval for on -sale and off -sale
alcoholic beverage establishments.
(A) On -Sale Alcoholic Beverage Establishments. In addition to the
other provisions of this chapter, and those conditions which the
Planning Commission may otherwise impose, all conditional use
permits for on -sale alcoholic beverages establishments shall be
subject to the following conditions for approval:
(1) That the sale of alcoholic beverages for consumption outside
or off the premises shall be prohibited; except that this
provision shall not apply to bona fide restaurants with
approved outdoor or sidewalk dining. Signs shall be posted on
the premises both inside and outside indicating that the sale of
Ordinance No. 605
Page 9
alcoholic beverages for consumption outside or off the
premises shall be prohibited.
(2) That the management of any establishment selling alcohol
shall take the necessary steps to ensure the orderly conduct of
employees, patrons and visitors on the premises including but
not limited to the following:
(a) Required Training. All owners, managers and
employees serving and/or selling alcoholic
beverages in alcoholic beverage establishments
shall undergo and successfully complete a certified
training program in responsible methods and skills
for serving and selling alcoholic beverages.
(b) When Required. Responsible beverage service and
sales training shall be required for all new alcoholic
beverage establishments and for any existing
alcoholic beverage establishment upon a finding of
the planning commission, or the planning director,
as the case may be, that the establishment is
operated or maintained under conditions that
constitute a public nuisance.
(c) Certified Programs. To meet the requirements of
this section a certified program must meet the
standards of the California Coordinating Council on
Responsible Beverage Service (CCC/RBS) or other
certifying/licensing body which the State of
California may designate.
(3) That a sign stating that no persons under the age of 21 are
allowed inside the establishment shall be posted on all
entrance doors, except at a bona fide restaurant.
(B) Off -Sale Alcoholic Beverage Establishments. In addition to the
other provisions of this chapter, and those conditions which the
Planning Commission may otherwise impose, all conditional use
permits for off -sale alcoholic beverages establishments shall be
subject to the following conditions for approval:
(1) Any off -sale alcoholic beverage establishments seeking to sell
or store motor fuels on the same premises as alcoholic
beverages shall comply with the following conditions:
(a) No beer or wine shall be displayed within 5 feet of
the cash register or the front door unless it is in a
permanently affixed cooler.
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(b) No advertisements of alcoholic beverages shall be
displayed at motor fuel islands and no self -
illuminated advertising for alcoholic beverages shall
be located on buildings or windows.
(c) No sale of alcohol beverages shall be made from a
drive -up or walk-up window.
(d) No display or sale of beer or wine shall be made
from an ice tub.
(e) Employees on duty between the hours of 10:00 p.m.
and 2:00 a.m. shall be at least 21 years of age to
sell alcoholic beverages.
(f) The permittee at all times shall comply with all terms
and provisions of the license issued by the
Department of Alcoholic Beverage Control and/or
the terms and provisions of the Alcoholic Beverage
Control Act.
(g) No sale of single containers of beer and/or wine
coolers shall be made, where said containers were
originally packaged with additional containers (e.g.,
4 packs or 6 packs).
(2) That the operation of video, or any other electronic games,
may be prohibited in conjunction with the sale of alcoholic
beverages, and will be considered on a case by case basis.
(3) That the sale of alcoholic beverages for consumption on the
premises shall be prohibited and appropriate posting of signs
stating that drinking on the premises is prohibited by law shall
be posted both inside and outside the establishment. The
premises shall include the establishment proper and/or the
appurtenant common area if located in a commercial center.
(4) That exterior public telephones that permit incoming calls may
not be located on the premises.
(5) That exterior storage of any kind shall be prohibited.
(6) That paper or plastic cups shall not be sold or given away in
quantities less than their usual and customary packaging.
17.58.090 Wall, landscaping and off-street parking requirements (on -
sale and off -sale).
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The conditions of approval stated in Sections 17.58.070 and 17.58.080,
with respect to the requirements for masonry walls, landscaping and off-street
parking standards shall be observed, except where the Planning Commission
finds that specific deviations are required to be made because of physical
constraints or limitations of the site or property of the respective on -sale or off -
sale alcoholic beverage establishment.
17.58.100 Performance standards to prevent public nuisance.
(A) Any on -sale or off -sale alcoholic beverage establishment with a
conditional use permit or any existing deemed approved alcoholic beverage
establishment shall comply with the following performance standards. The
purpose of these standards is to control dangerous or objectionable
environmental effects of alcoholic beverage sales and to protect the public
health, safety, peace and welfare.
(B) All owners, employees or agents of an alcoholic beverage
establishment shall take reasonable steps to discourage and correct conditions
that constitute a nuisance, inside the establishment, in parking areas, sidewalks,
alleys and areas surrounding the alcoholic beverage establishment and adjacent
properties during business hours if directly related to the patrons of the subject
alcoholic beverage establishment. "Reasonable steps" shall include calling the
police in a timely manner; preventive design features (see Sections 17.58.070
(A) above); security measures; and requesting those engaging in such activities
to cease those activities, unless personal safety would be threatened in making
such request.
(C) Pursuant to the conditional use permit procedures at Chapter
17.80, any conditional use permit shall be subject to modification or revocation,
and in the case of existing establishments, loss of the "deemed approved" status,
or shall be abated in accordance with the procedures at Chapter 8.08, if the
following is found to exist:
(1) Nuisance activities within the premises or in close proximity
of the premises, including, but not limited to, disturbance of the peace, illegal
drug activity, public drunkenness, drinking of alcoholic beverages in public or
vehicles on or about the premises, or harassment of passerby.
(2) Repeated nuisance activities within the premises or in close
proximity of the premises such as public urination, assault and battery, lewd
conduct graffiti, curfew violation, excessive littering, or loitering.
(3) Nuisance activities within the premises or in close proximity
of the premises consisting excessive noise in violation of Chapter 9.28 of the
Irwindale Municipal Code.
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Page 12
(4) Where the operation of the premises results in an adverse
effect to the health, peace, or safety of persons residing or working in the
surrounding area.
(5) Where the operation of the premises results in jeopardizing
or endangering the public health or safety of persons residing or working in the
surrounding area.
(6) Where the operation of the premises is in violation of any
applicable city ordinance or state or federal regulation or statute.
(7) Failure to comply with any law, city code or condition
imposed in the issuance of a conditional use permit.
17.58.110 Inspection and Right of Entry
The planning director, city code enforcement officers, law enforcement
officers or their duly authorized representatives, may enter on any site or into any
structure for the purpose of investigation, provided they shall do so in a
reasonable manner, whenever they have cause to suspect a violation of any
provision of these regulations, or whenever necessary to the investigation of
violations to the "deemed approved" performance standards or conditions of
approval prescribed in these regulations or applicable conditional use permit.
17.58.120 Administrative review of conditional use permits.
The city reserves the right to review any conditional use permit issued
hereby, one year from the date the conditional use permit was first approved and
at one-year intervals thereafter. After reviewing the existing manner and
conditions of operation of the permitted business establishment, the planning
director has the right to take any action authorized by this code or applicable law
including but not limited to scheduling a public hearing before the Planning
Commission for revocation or modification, consistent with Chapter 17.80. Any
appeal shall be subject to the provisions of Chapter 17.80.
17.58.130 Violation
Any violation of this chapter shall constitute a public nuisance and be
prosecuted as a misdemeanor or an infraction at the discretion of the prosecuting
attorney or shall be abated in compliance with Chapter 8.08 of this code.
17.58.140 Severability.
If any part or provision of this chapter is found to be invalid or
unenforceable by a court of law, such invalidity shall not affect any other part or
provision herein, and all remaining provisions of this chapter will be valid and
enforceable to the fullest extent permitted by law."
Ordinance No. 605
Page 13
SECTION 2. Section 5.36.055 of Title 5, Chapter 5.36 of the Irwindale Municipal
Code is amended to read in part as follows:
"The following regulations shall apply to all "entertainment" as defined in Section
5.36.020 of this chapter:
A. If the place of entertainment is licensed to serve alcoholic beverages, the
permittee shall abide by the rules and regulations set forth in the California
Department of Alcoholic Beverage Control and the regulation of alcoholic
beverage establishments as provided for in this code...."
SECTION 3. Section 17.32.010 of Title 17, Chapter 17.32 of the Irwindale
Municipal Code is amended to read in part as follows:
"No person shall use any portion of any property zoned C -P within the city,
except for such uses permitted by this chapter. The following office uses shall be
permitted uses in the C -P zone:
A. Any professional occupation for which a license is required by the Business
and Professions Code of the state, including, but not limited to, the following:
17. Establishments engaged in the sale of alcoholic beverages, veterinarians,
clinical cosmetologists, funeral parlors and pest control operators shall be subject
to a conditional use permit; ..."
SECTION 4. Existing paragraph 23 of Section 17.36.010 of Title 17, Chapter
17.36 of the Irwindale Municipal Code is deleted, thus the section is amended to
read in part as follows:
"17.36.010 Permitted Uses.
The following uses, and no others, shall be permitted uses in the C-1 zone:...
22. Laundromat, self-service and automatically equipped;
23. Locksmith stores;
24. Manufacturer's agents;
25. Medical clinics;
26. Offices, business and professional;
27. Paint stores, retail sale only;
28. Pet shops;
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Page 14
29. Photographic shops and studios;
30. Radio and television stores, sale and repair;
31. Real estate offices;
32. Sales offices (no outside shops);
33. Shoe stores or shoe repair shops;
34. Tailors;
35. Telephone exchanges;
36. Toy stores;
37. Tile, retail sale of glazed and ornamental tile."
SECTION 5. Existing paragraphs 9 and 21 of Section 17.80.030 of Title 17,
Chapter 17.80 of the Irwindale Municipal Code is amended and a new paragraph
22 is added, such that Section 17.80.030 is amended to read in part as follows:
"The purpose of any conditional use permit shall be to insure that the proposed
use will be rendered compatible with other existing and permitted uses located in
the general area of the proposed use. The following uses, having unique and
unusual characteristics, shall be permitted, provided that a conditional use permit
is first issued:.. .
9. Entertainment Permits in conformance with chapter 5.36 of this code;
21. All restaurants and eating establishments;
22. All establishments engaged in the sale of alcoholic beverages;
23. Service stations (excluded from the A-1, R-1, R-2 and R-3 zones);
24. Sewage disposal plants (excluded from A-1, R-1, R-2 and R-3 zones);
25. Theaters;
26. All outdoor storage of building and contractor supplies;
27. All uses which involve the use, sale or storage of any materials classified as
toxic or hazardous by either the federal or state government as a substantial part
of the total use shall require a CUP, as shall the parking or storage of vehicles
e used to carry such materials."
Ordinance No. 605
Page 15
SECTION 6. This ordinance shall become effective 30 days from adoption.
SECTION 7. The Deputy City Clerk shall certify to the adoption of this ordinance.
PASSED, APPROVED, and ADOPTED this 9th day of August 2006.
A �-
Julian A. Miranda, Ma or
G�
.fTTES
Li a J. KihQbr , WC
Deputy City Clerk
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. 605 was duly introduced at a regular
meeting of the Irwindale City Council held on the 26th day of July 2006, and was
duly approved and adopted on second reading at its regular meeting held on the
9th day of August 2006, by the following vote of the Council:
AYES: Councilmembers: Breceda, Fuentes, Ortiz, Mayor Miranda
NOES: Councilmembers: None
ABSENT: Councilmembers: Tapia
ABSTAIN: Councilmembers: None �
Lto J. KimC
Deputy City Clerk
AFFIDAVIT OF POSTING
I, Linda J. Kimbro, Deputy City Clerk, certify that I caused a copy of Ordinance No. 605, adopted by the City Council of the City
of Irwindale at its regularting held August 9, 2006, to be posted at the City Hall, Library, and Post Office on August 10,
OOEa.
7 Dated: August 10, 2006
` J. Kimb , C
Def uty City Cle
Ordinance No. 605
Page 16