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HomeMy WebLinkAbout646CITY OF IRWINDALE (CONT -D) Parcel G Lot 11 of Tract No. 1497, as shown on Map recorded in Book 21.Page 109 of Maps, in the office of the County Recorder of said County.: EXCEPTING therefrom those portions dedicated to the public use for street and highway purposes. WJL/jw -7- ORDINANCE NO. 646 AN URGENCY INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRWINDALE, CALIFORNIA, TEMPORARILY PROHIBITING THE ESTABLISHMENT OF MASSAGE ESTABLISHMENTS AND DAY SPAS PENDING COMPLETION OF STUDIES AND THE PREPARATION OF AN UPDATE TO THE CITY'S ZONING CODE WHEREAS, the Irwindale Municipal Code ("IMC"), including the Irwindale Zoning Code, currently requires that massage establishments and day spas obtain a Conditional Use Permit; and WHEREAS, the City of Irwindale ("City") has received an inquiry from a potential business owner regarding the possibility of locating a massage establishment in the City; and WHEREAS, the City Council is aware that State Senate Bill 731 changed Business & Professions Code Section 4612, which permits cities to regulate land use and zoning requirements for applicable massage establishments [Bus. & Prof. Code Sec. 4612(a)(3)], and that Section 4612 further provides that the zoning requirements applicable to massage establishments must be those that are uniformly applicable to other professional or personal services. That is, there should be no distinction that singles out massage establishments from other professional or personal services; and WHEREAS, in the Irwindale Zoning Code, professional services such as medical doctors, dentists, accountants, and attorneys are permitted by right in the C -P zone and more intensive zones. However, professional services such as gyms, natatoriums, physical fitness centers, day spas, and massage establishments are permitted only with a Conditional Use Permit (CUP) in the C-2 zone and more intensive zones. These uses are not permitted at all in less intensive zones. This discrepancy between how medical doctors, dentists, accountants, and attorneys are permitted and how massage establishments and day spas are permitted needs to be researched further to determine if an amendment to the Zoning Code is required; and WHEREAS, City staff requires time to consider, study and enact regulations for massage establishments and day spas in a manner that is consistent with state law; and WHEREAS, the City Council desires, on an urgency basis, to temporarily prohibit massage establishments and day spas; and WHEREAS, Government Code Sections 36934, 36937 and 65858 expressly authorize the City Council to adopt an urgency ordinance for the immediate preservation of the public peace, health or safety and to prohibit a use that is in conflict with a Ordinance No. 646 Page 1 contemplated general plan, specific plan, or zoning proposal that the legislative body, planning commission or the planning department is considering or studying or intends to study within a reasonable time. '' NOW, THEREFORE, the City Council of the Irwindale does ordain as follows: SECTION 1. Findings A. To allow time for the City to consider, study, and possibly revise regulations for massage establishments and day spas, it will be necessary to temporarily suspend the approval of massage establishments and day spas as such uses may be in conflict with the development standards and implementation regulations that the City will ultimately impose after the City has considered and studied this issue, which shall be accomplished within a reasonable time. B. A moratorium will provide the City with time to draft and adopt regulations, consistent with the Senate Bill 731, to regulate the location and operation of massage establishments and day spas in a manner that is consistent with the Code, compatible with surrounding neighborhoods and in the best interests of the residents of the City. SECTION 2. Interim Prohibition From and after the date of this ordinance, no use permit, variance, building permit, business license, or any other entitlement for use shall be accepted, processed, approved or issued for the establishment or operation of, and no person shall otherwise establish, a massage establishment or day spa for a period of 10 months and 15 days. For purposes of this ordinance, "massage establishment' shall mean any establishment having a fixed place of business where any person, firm, association, partnership or corporation engages in, conducts or carries on, or permits to be engaged in, conducted or carried on, any business of giving massages, baths, administration of fomentation, mechanical, electric or magnetic treatments, alcohol rubs or any other type of system for treatment or manipulation of the human body with or without any character of bath, such as Turkish, Russian, Swedish, Japanese, vapor, shower, electric tub, sponge, mineral, fomentation, or any other type of bath. "Day spa" shall mean a facility employing licensed trained professionals where visitors can receive a variety of spa treatments during day hours and overnight accommodations are not available. Examples of typical spa services include exfoliation, dermabrasion, balneotherapy, dry brushing, body composition (fat to lean muscle ratio) analysis, massages, chemical peel, clay or mud wrap, facial rejuvenation, reflexology, hydrotherapy, balneotherapy, crenotherapy, thalassotherapy, and body wraps. SECTION 3. Urgent Need Based on the foregoing recitals and findings which are all deemed true and correct, this interim ordinance is urgently needed for the immediate preservation of the public safety, health, and welfare. This interim ordinance shall take effect immediately upon adoption and shall be of no further force and effect 10 months and 15 days Ordinance No. 646 Page 2 following the date of its adoption unless extended in accordance with the provisions set forth in Government Code Section 65858. SECTION 4. Authority Government Code Section 65858 provides that an urgency measure in the form of an initial interim ordinance may be adopted without prior public notice by a four-fifths vote of the City Council, which shall be effective for only 10 months and 15 days following its date of adoption. Government Code Section 65858 further provides that such an urgency measure may be extended following compliance with that section for up to an additional 12 months beyond the original 10 month and 15 -day period. SECTION 5. Penalties The definitions and penalties for land use violations that are prescribed in the Irwindale Zoning Code shall apply to violations of the provisions of this Interim Ordinance. SECTION 6. Severability If any provision of this Interim Ordinance or the application thereof to any persons or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this Interim Ordinance which can be given effect without the invalid provision or application and to this end the provisions of this Interim Ordinance are hereby declared to be severable. SECTION 7. Notice The Deputy City Clerk shall certify to the passage of this Interim Ordinance and shall cause the same to be posted at the designated locations in the City of Irwindale. PASSED, APPROVED, and ADOPTED this 22nd day of September 2010. ATTEST: i J. Kim o M C D puty City Clerk H. Manuat Ortiz, Mayor Ordinance No. 646 Page 3