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HomeMy WebLinkAbout648ORDINANCE NO. 648 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRWINDALE AMENDING CHAPTERS 9.64, 17.08, 17.32, 17.36 AND 17.59 OF THE CITY OF IRWINDALE MUNICIPAL CODE, FOR THE ADDITION OF STANDARDS FOR MASSAGE RELATED ESTABLISHMENTS, WHICH WILL AFFECT PROPERTIES CITYWIDE. WHEREAS, the City of Irwindale, 5050 Irwindale Avenue, Irwindale, CA 91706, the Applicant, has made a request for a Zone Ordinance Amendment (ZOA 3-10) for the addition of standards for massage related establishments to the City of Irwindale Municipal Code, which will affect properties Citywide, to initiate a change to the code; and WHEREAS, on October 7, 2010, the Planning Commission conducted a duly noticed public hearing, as required by law, on the Application, took testimony on the Application, and continued the public hearing to the November 4, 2010 Planning Commission meeting; and WHEREAS, on November 4, 2010, the Planning Commission conducted a duly noticed public hearing, as required by law, on the Application, took testimony on the Application, and again continued the public hearing to the December 2, 2010 Planning Commission meeting; and WHEREAS, on December 2, 2010, the Planning Commission conducted a duly noticed public hearing, as required by law, on the Application and recommended that the City Council approve the Zone Ordinance Amendment, subject to the approval of an ordinance, which would detail the specific Conditions under which such portion of the Application was approved; and WHEREAS, on January 26, 2011, the City Council conducted a duly noticed public hearing, as required by law, on the Application and recommendation of the Planning Commission to approve this Zone Ordinance Amendment which provides standards for the operation of massage related establishments in the City, took testimony and reviewed relevant documentary evidence and conducted a first reading of the Zone Ordinance Amendment. WHEREAS, all legal prerequisites to the adoption of this Ordinance have occurred. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF IRWINDALE DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The City Council finds that the above recitals are true and correct and are incorporated herein by this reference. Ordinance No. 648 Page 1 SECTION 2. Section 9.64 "Massage Establishments of Technicians" of the Irwindale Municipal Code, shall be revised to amend or eliminate the following subsections: 9.64.010, 9.64.020, 9.64.030, 9.64.040, 9.64.050, 9.64.060, 9.64.090, 9.64.100, 9.64.110, 9.64.200, 9.64.210, 9.64.220, 9.64.230, 9.64.240, 9.64.300, 9.64.400, 9.64.420, 9.64.430 and 9.64.440 to read as follows: Irwindale, California, Code of Ordinances >> Title 9 - PUBLIC PEACE, MORALS AND WELFARE >> Chapter 9.64 - MASSAGE ESTABLISHMENTS AND TECHNICIANS >> ARTICLE I. - MASSAGE ESTABLISHMENTS >> ARTICLE I. - MASSAGE ESTABLISHMENTS 9.64.010 - Definitions. 9.64.020 - Occupancy Permit and Business License Required. 9.64.030 - Same—Exceptions. 9.64.050 - Same—Operating requirements. 9.64.060 - Same—Facilities. 9.64.070 - Same—Inspections. 9.64.080 - Permit nonassignable. 9.64.090 - Change of location or name. 9.64.100 Massage establishment—Notification of change. 9.64.120 - Applicability of regulations to existing businesses. 9.64.130 - Massage Practitioners or Massage Therapists. 9.64.010 - Definitions. Unless the particular provision or the context otherwise requires, the definitions and provisions contained in this section shall govern the construction, meaning and application of words and phrases used in this chapter: A. "Director" means the director of finance of the city, or his or her designee. B. "Employee" means any and all persons, other than a Massage Practitioner or Massage Therapist, who may render any service for a Massage Establishment. C. "Massage" means the application of various techniques to the muscular structure and soft tissues of the human body, including but not limited to, any method of pressure or friction against, or stroking, kneading, rubbing, tapping, compression, pounding, vibrating, rocking or stimulating of the external surfaces of the body with hands or with any object or appliance. The term "Massage," specifically excludes the diagnosis, prescription, intentional manipulation or adjustments of the skeletal structure, or any other service, procedure or therapy which requires a license to practice (e.g., chiropractic, osteopathy, orthopedics, physical therapy, podiatry, or medicine), hypnosis, naturopathic, colonic irrigation, acupuncture, vacuum cupping, nutritional or dietary counseling, detoxification programs, yoga, exercise, spiritual healing, or procedures which penetrate body cavities, either manually or with any other method of intrusion. Ordinance No. 648 Page 2 D. "Massage Establishment' means 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 Massage, as defined above. A massage establishment shall include a day spa, as that term is defined in IMC Section 17.08.153. E. "Massage Practitioner" means any person to whom an MTO Certificate has been issued pursuant to subdivision (b) of Section 4601 of the California Business and Professions Code, or subdivision (a) or (c) of Section 4604 of the California Business and Professions Code, and who is engaged in the practice of Massage for compensation. F. "Massage Therapist' means any person to whom an MTO Certificate has been issued pursuant to subdivision (c) of Section 4601 of the California Business and Professions Code and who is engaged in the practice of Massage for compensation. G. "Massage Therapy Organization (MTO)" means the organization created pursuant to Chapter 10.5 of Division 2 of the Business and Professional Code. H. "Massage Certificate" means the certificate issued by the Massage Therapy Organization to Massage Therapists pursuant to subdivision (c) of Section 4601 of the California Business and Professions Code, and to Massage Practitioners pursuant to subdivision (b) of Section 4601 of the California Business and Professions Code or subdivision (a) or (c) of Section 4604 of the California Business and Professions Code. I. "Operator' means any person who supervises, manages, directs, organizes, controls or in any other way is responsible for or in charge of the overall operation, conduct or activities of a Massage Establishment. J. "Owner" means the individual(s) whose name(s) appears on the City of Irwindale business license. K. 'Recognized School' means any approved or registered school as defined by Section 4600 of the California Business and Professions Code. The city shall have the right to confirm that the applicant has actually attended class in a Recognized School (Ord. 608 § 1, 2006; Ord. 475 § 3(part), 1993: Ord. 474 § 3(part), 1993). 9.64.020 - Occupancy Permit and Business License required. A. Any Massage Establishment must have a valid Occupancy Permit issued by the City of Irwindale Building Department. B. Any Massage Establishment must a have a valid Business License issued by the City of Irwindale Finance Department. Ordinance No. 648 Page 3 C. Any person who practices Massage within the City must have a valid Massage Certificate. 9.64.030 - Same—Exceptions. The provisions of this chapter shall not apply to the following classes of individuals while engaged in the performance of the duties of their respective professions: A. Physicians, surgeons, chiropractors, osteopaths, or physical therapists who are duly licensed to practice their respective professions in the state of California; B. Nurses registered under the laws of the state of California; C. Barbers and beauticians who are duly licensed under the laws of the state of California while engaging in practice within the scope of their licenses, except that this provision shall apply solely to the massaging of the neck, face and/or scalp of the customer; D. Hospitals, nursing homes, sanatoriums or other health care facilities duly licensed by the state of California; E. Accredited high schools, junior colleges and colleges or universities whose coaches and trainers are acting within the scope of their employment; F. Accredited trainers of recognized amateur, semiprofessional or professional athletes or athletic teams. G. Recognized School -described under Section 9.64.010(K) of this chapter and their students in training, provided such students provide Massage only under the direct personal supervision of an instructor of the Recognized School. (Ord. 475 § 3(part), 1993: Ord. 474 § 3(part), 1993). 9.64.050 - Same—Operating requirements. No person shall operate any Massage Establishment, unless each and all of the following requirements are met: A. Massage and bath operations shall be carried on or conducted, and the Massage Establishment shall be open to the public. All massage related activities must nevertheless terminate no later than the established close of business. B. A list of services available and the cost of such services shall be posted in an open public place within the Massage Establishment, and shall be described in readily understandable language. No Owner, Operator, or Employee shall permit, and no Massage Practitioner or Massage Therapist shall offer or perform, any service other than those posted. C. The Massage Certificates of each and every Massage Practitioner or Massage Therapist employed in the Massage Establishment and City of Irwindale Business License–shall be displayed in an open and conspicuous place in the Massage Establishment. D. Every Massage Establishment shall keep a written record of the date and hour of each treatment, the name and address of each customer, the name of the Massage Practitioner or Massage Therapist administering the treatment, and the type of treatment administered. Such written record shall be maintained on forms approved by the Director. Such records shall be open to inspection only by officials charged Ordinance No. 648 Page 4 with enforcement of this chapter and shall be used for no other purpose, including use of the file by Owner, Operators, and Employees of the Massage Establishment. Such records shall be maintained on the premises of the Massage Establishment for a period of two years from the date the same is prepared. E. The Massage Establishment shall at all times be equipped with an adequate supply of clean sanitary towels, coverings and linens, and all Massage tables shall be covered with a clean sheet or other clean covering for each patron. After a towel, covering or linen has once been used it shall be deposited in a closed receptacle and not used until properly laundered and sanitized. Towels, coverings and linens shall be laundered either by regular commercial laundering or by a noncommercial laundering process which includes immersion in water at least 140 degrees Fahrenheit for not less than fifteen (15) minutes during the washing or rinsing operation. Clean towels, coverings and linens shall be stored in closed, clean cabinets when not in use. Soiled linens and paper towels shall be deposited in separate receptacles approved by the city or the county health department. F. Each Massage Establishment must provide at least one enclosed, lockable room where patrons may change and dress. G. Wet and dry heat rooms, steam or vapor rooms or cabinets, toilet rooms, shower and bath rooms, tanning booths, whirlpool baths and pools shall be thoroughly cleaned and disinfected as needed, and at least once each day the premises are open, with a disinfectant approved by the county health department. Bathtubs shall be thoroughly cleaned with a disinfectant approved by the health department after each use. All walls, ceilings, floors and other physical facilities of the Massage Establishment must be in good repair and maintained in a clean and sanitary condition. H. Instruments utilized in performing Massage shall not be used on more than one patron unless such instruments have been sterilized using approved sterilizing methods prior to use on any subsequent customer(s). I. No person shall enter, be or remain in any part of a Massage Establishment while in the possession of, consuming, under the influence of or using any alcoholic beverage or drugs except pursuant to a prescription for such drugs. The Owner or Operator shall not permit any such person to enter or remain in the Massage Establishment. J. No Massage Establishment shall operate as a school of Massage, or use the same facilities as that of a school of Massage. K. No Massage Establishment shall place, publish or distribute or cause to be placed, published or distributed any advertising matter that depicts any portion of the human body that would reasonably suggest to prospective customers or clients that any service is available other than those services described in Section 9.64.010(C) of this article. L. No service enumerated in Section 9.64.010(C) of this article may be carried on within any locked cubicle, room, booth within a Massage Establishment, unless there is no Employee available to assure security for patrons and Massage Practitioners or Massage Therapists. Ordinance No. 648 Page 5 M. All exterior doors shall remain unlocked during business hours, except when there are no Employees available to assure security for clients and Massage Practitioners or Massage Therapists who are behind closed doors. N. A Massage shall not be given and no patron shall be in the presence of a Massage Practitioner or Massage Therapist or other employee unless the patron's genitals are fully covered by a nontransparent covering and, in addition, a female patron's breasts are fully covered by a nontransparent covering. O. No Massage Establishment shall be open for business without at least one Massage Practitioner or Massage Therapist on the premises at all times who is in possession of a current, unrevoked Massage Certificate. This requirement is not applicable to day spas during such times as Massages are not administered. P. No electrical, mechanical or artificial device shall be used by the Operator or any Employee of the Massage Establishment for audio and/or video recording or for monitoring the performance of a Massage, or the conversation or other sounds in the Massage rooms without the knowledge or consent of the patron. Q. No person or persons shall be allowed to live inside the Massage Establishment at any time. R. All liquids, creams, or other preparations used on or made available to patrons shall be kept in clean and closed containers. Powders may be kept in clean shakers. All bottles and containers shall be distinctly and correctly labeled to disclose their contents. When only a portion of a liquid, cream or other preparation is to be used on or made available to a patron, it shall be removed from the container in such a way as not to contaminate the remaining portion. S. No invasive procedures shall be performed on any patron. Invasive procedures include, but are not limited to: (1) application of electricity which contracts the muscle; (2) application of topical lotions, creams, or other substances which affect living tissue, such as chemical peel preparations or bleaches; (3) penetration of the skin by metal needles; (4) abrasion of the skin below the non- living, epidermal layers; (5) removal of skin by means of any razor-edged instrument or other device or tool; and (6) any needle-like instrument which is used for the purpose of extracting skin blemishes and other similar procedures. T. All bathrobes, bathing suits and or other garments that are provided for the use of patrons shall be either fully disposable and shall not be used by more than one patron, or shall be laundered after each use pursuant to Paragraph E of this section. J. All combs, brushes, and or other personal items of grooming or hygiene that are provided for the use of patrons shall be either fully disposable and shall not be used by more than one patron, or shall be fully disinfected after each use. V. No patrons shall be allowed to use any shower facilities of the Massage Establishment -unless such patrons are wearing slip -resistant sandals or flip-flops while in the shower compartment. All footwear such as sandals or flip-flops that are provided for the use of patrons shall be either fully disposable and shall not be used by more than one patron, or shall be fully disinfected after each use. W. The patron's genitals, pubic area, anus, and female patron's breasts below a point immediately above the top of the areola must be fully draped at all times while any Employee of Massage Establishment is in the Massage room or cubicle with the Ordinance No. 648 Page 6 patron. No Massage shall be provided to a patron that results in intentional contact, or occasional and repetitive contact with the genitals, anus, or areola of a patron. X. Massage Practitioner and Massage Therapist Dress Code. All Employees of Massage Establishments, including all Massage Practitioners and Massage Therapists, shall be dressed in clothing made of an opaque material, and shall not expose any Specified anatomical areas, as defined in Section 5.84.020, and shall comply with the following requirements, as applicable: 1. Upper Garments. Ail garments covering the upper torso (e.g., shirts or dresses) shall have sleeves not less than two inches in length, measuring from the top of the shoulder, and necklines not lower than two inches below the clavicle. 2. Skirts. Hems of dresses, skirts, smocks, or other similar garments shall not be more than two inches above the top of the knee. 3. Shorts. Cuffs or hems of shorts, culottes, pants or other similar garments shall not be more than six inches above the top of the knee. (Ord. 608 § 2, 2006; Ord. 475 § 3(part), 1993: Ord. 474 § 3(part), 1993). 9.64.060 - Same—Facilities. Every Massage Establishments shall maintain facilities meeting all of the following requirements: A. Any signs shall be in conformance with the current ordinances of the city. B. Each Owner or Operator shall display the Massage Establishment's Business License and all Massage Certificates in a conspicuous public place in the lobby of the Massage Establishment. . The Owner or Operator must also post, on a daily basis in a conspicuous public place in the lobby, the name of the Operator, as well as any on -duty Massage Practitioners and/or Massage Therapists. C. Minimum lighting shall be provided in accordance with Article 220 of the National Electric Code or successor provision or provisions, and, in addition, at least one artificial light of not less than forty watts shall be provided in each room or enclosure where Massage is performed on patrons. D. Minimum ventilation shall be provided in accordance with Section 1105 of the Uniform Building Code or successor provision or provisions. E. Adequate equipment for disinfecting and sterilizing instruments used in performing the acts of massage shall be provided. F. Hot and cold running water shall be provided at all times. G. Closable cabinets shall be provided for storage of clean linens. H. Each Massage Establishment must provide at least one enclosed, lockable room where patrons may change and dress. I. A minimum of one separate wash basin for employees shall be provided at all times. The basin shall be located within or as close as practicable to the area devoted to performing of massage services. Sanitary towels shall also be provided at each basin. J. Pads used on massage tables shall be covered with a durable, washable plastic or other waterproof material acceptable to the county health department. K. Proof of compliance with all applicable provisions of this code and the applicable ordinances shall be provided prior to the issuance of any permits. (Ord. 475 § 3(part), 1993: Ord. 474 § 3(part), 1993). Ordinance No. 648 Page 7 9.64.070 - Same—Inspections. The police chief, planning director, director and the Los Angeles County health department, or their authorized representatives, shall have the right to enter the Massage Establishment for the purpose of making reasonable unscheduled inspections to observe and enforce compliance with applicable regulations, laws and provisions of this chapter. (Ord. 475 § 3(part), 1993: Ord. 474 § 3(part), 1993). 9.64.090 - Change of location or name. A. Any Massage Establishment that changes locations must obtain a new business license pursuant to the procedures set forth in Chapter 5.08. B. No Massage Establishment shall operate under any name under any designation not specified in its Business License. C. Any Massage Establishment wishing to apply for an expansion of a building or other place of business of a Massage Establishment shall obtain approval from the Planning Department and Building and Safety Department and amend its Business License to reflect the modified Massage Establishment facilities. (Ord. 475 § 3(part), 1993: Ord. 474 § 3(part), 1993). 9.64.100 - Massage establishment—Notification of change. A. The Owner or Operator shall notify the Finance Department, Planning Department and the Building and Safety Department, in writing, of the name and address of each Employee, including Massage Practitioners or Massage Therapists, at such establishment within five calendar days of said person being employed. B. The requirements of this section are in addition to the other provisions of this article, and nothing contained herein shall relieve the Owner or Operator of the responsibility of ascertaining, prior to employment, whether a person performing Massage has a current, unrevoked Massage Certificate. (Ord. 475 § 3(part), 1993: Ord. 474 § 3(part), 1993). 9.64.120 - Applicability of regulations to existing businesses. The provisions of this article shall be applicable to all persons and businesses described herein whether the described activities were established 'before or after the effective date of the ordinance codified in this article, except that Massage Establishments legally in business prior to said effective date shall have ninety days or until the expiration of the current business license, whichever is greater, to comply with the terms hereof. (Ord. 475 § 3(part), 1993: Ord. 474 § 3(part), 1993). 9.64.130 - Massage Practitioners or Massage Therapists. The provisions of this article shall be applicable to all persons working as Massage Practitioners or Massage Therapists whether such employment commenced before or after the effective date of the ordinance codified in this chapter, except that Massage Practitioners or Massage Therapists legally employed prior to the effective date herein Ordinance No. 648 Page 8 shall have ninety days after the effective date hereof to comply with the terms of this article. (Ord. 475 § 3(part), 1993: Ord. 474 § 3(part), 1993). ARTICLE II. - PROHIBITED CONDUCT, PROCEDURES AND PENALTIES 9.64.200 - Prohibited conduct. 9.64.210 - Violation—Penalty. 9.64.220 - Civil remedies available. 9.64.200 - Prohibited conduct. A. It shall be unlawful for any Massage Practitioner or Massage Therapist to massage the genital area of any patron or the breasts of any female patron or for any massage establishment to allow or permit such massage. B. Massage Practitioners or Massage Therapists shall at all times be fully clothed in nontransparent clothing that shall not expose their genitals, pubic area, buttocks or chest. C. It shall be unlawful for a Massage Practitioner or Massage Therapist to perform any Massage at any location other than the Massage Establishment at which they are employed. D. No Massage Establishments, Massage Practitioners or Massage Therapists shall provide any Massage to any person who is under the age of eighteen (18) years, except at the special request of the parent or other person in lawful custody of the minor. (Ord. 475 § 3(part), 1993: Ord. 474 § 3(part), 1993). 9.64.210 - Violation—Penalty. It shall be unlawful for any person, firm, partnership, or corporation to violate any provision or to fail to comply with any of the requirements of this chapter. Any person, firm, partnership or corporation violating any provisions of this chapter or failing to comply with any of its requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding five hundred dollars, or by imprisonment not exceeding six months, or by both such fine and imprisonment. Each and every person, firm, partnership or corporation shall be deemed guilty of a separate offense for each and every day or any portion thereof during which any violation of any of the provisions of this chapter is committed, continued or permitted by such person, firm, partnership or corporation, and shall be deemed punishable therefor as provided in this chapter. (Ord. 475 § 3(part), 1993: Ord. 474 § 3(part), 1993). 9.64.220 - Civil remedies available. The violation of any of the provisions of this chapter shall constitute a nuisance and may be abated by the city through civil process by means of restraining order, preliminary or permanent injunction or in any other manner provided by law for the abatement of such nuisances. (Ord. 475 § 3(part), 1993: Ord. 474 § 3(part), 1993). Ordinance No. 648 Page 9 SECTION 3. Chapter 17.08 "Definitions" of the Irwindale Zoning Code, shall be revised to amend subsection 17.08.368, entitled "Massage Establishment', to read as follows: Irwindale, California, Code of Ordinances >> Title 17 - ZONING >> Chapter 17.08 - DEFINITIONS Chapter 17.08 - DEFINITIONS Sections: Sections: (Continued) 17.08.005 - Generally. 17.08.010 -Abut, adjoining or contiguous. 17.08.015 - Access. 17.08.020 - Accessory use. 17.08.025 - Adjacent. 17.08.030 - Alley. 17.08.035 - Apartment. 17.08.040 - Apartment house. 17.08.045 - Asphalt plant. 17.08.050 - Assessor. 17.08.055 - Automobile dismantling yard. 17.08.060 - Basement. 17.08.065 - Batching plant. 17.08.070 - Borrow pit. 17.08.075 - Building. 17.08.080 - Building, accessory. 17.08.085 - Building height. 17.08.090 - Building, main. 17.08.095 - Carport. Ordinance No. 648 Page 10 17.08.100 - Cellar. 17.08.105 - Centerline. 17.08.110 - Child care center. 17.08.115 - City. 17.08.120 - Club, private. 17.08.125 - Commission. 17.08.130 - Convalescent home. 17.08.135 - Council. 17.08.140 - Court. 17.08.145 - Dairy. 17.08.150 - Day camp. 17.08.153 - Day spa. 17.08.155 - Detached living quarters. 17.08.160 - Director. 17.08.165 - Duplex. 17.08.170 - Dwelling, multiple. 17.08.175 - Dwelling, one -family. 17.08.180 - Dwelling, three-family. 17.08.185 - Dwelling, two-family. 17.08.190 - Dwelling unit. 17.08.195 - Dump, inert solid. 17.08.200 - Dump, rubbish and refuse. 17.08.205 - Educational institution. 17.08.210 - Explosives. 17.08.215 - Family. 17.08.220 - Floor area, gross. 17.08.225 - Garage. Ordinance No. 648 Page 11 17.08.230 - Gender. 17.08.235 - Grade, ground level. 17.08.240 - Gradient. 17.08.245 - Guesthouse. 17.08.250 - Guestroom. 17.08.255 - Height. 17.08.260 - Highway, major. 17.08.265 - Highway, secondary. 17.08.270 - Hog ranch. 17.08.275 - Home for the aged. 17.08.280 - Home occupation. 17.08.285 - Hospital. 17.08.290 - Household pet. 17.08.295 - Junk and salvage yard. 17.08.300 - Kitchen. 17.08.305 - Landscaping. 17.08.310 - Lot or parcel of land. 17.08.315 - Lot area. 17.08.320 - Lot, corner. 17.08.325 - Lot depth. 17.08.330- Lot, interior. 17.08.335 - Lot, key. 17.08.340- Lot line, front. 17.08.345 - Lot line, rear. 17.08.350 - Lot line, side. 17.08.355 - Lot, reversed corner. 17.08.360 - Lot, through. Ordinance No. 648 Page 12 17.08.365 - Lot, width. 17.08.372 - Massage Establishment (see IMC Section 9.64.010) 17.08.370 - May. 17.08.375 - Medical clinic. 17.08.376 - Medical marijuana dispensary. 17.08.380 - Nonconforming use of structure, lawful. 17.08.385 - Nursery school. 17.08.390 - Nursing and convalescent hospital. 17.08.395 - Oath. 17.08.400 - Open space. 17.08.405 - Outdoor advertising structure. 17.08.410 - Parking space or facilities, off-street. 17.08.412 - Places of worship. 17.08.415 - Person. 17.08.418 - Parks. 17.08.420 - Plural. 17.08.425 - Quarry. 17.08.426 - Quarry operations—Definitions. 17.08.430 - Recorder. 17.08.431 - Recycling facility. 17.08.433 - Residential garage sales. 17.08.435 - Sanitarium and sanatorium. 17.08.436 - Second unit, residential. 17.08.440 - Shall. 17.08.445 - Sign. 17.08.450 - Singular. 17.08.455 - Sloping terrain. Ordinance No. 648 Page 13 17.08.460 - Solid fill. 17.08.465 - Solid fill project. 17.08.470 - State. 17.08.475 - Story. 17.08.480 - Story, half. 17.08.485 - Street. 17.08.490 - Structure. 17.08.491 - Swap meets. 17.08.495 - Tenses. 17.08.500 - Transfer station. 17.08.505 - Triplex. 17.08.510 - Unit, commercial and manufacturing. 17.08.515 - Use. 17.08.520 - Writing. 17.08.525 - Yard. 17.08.530 - Yard, front. 17.08.535 - Yard, rear. 17.08.540 - Yard, side. Ordinance No. 648 Page 14 SECTION 4. Section 17.32.010, entitled "Permitted uses" is hereby amended to require a Conditional Use Permit for all uses previously listed under subsection A, to read as follows: Irwindale, California, Code of Ordinances >> Title 17 - ZONING >> Chapter 17.32 - C -P COMMERCIAL PROFESSIONAL ZONE >> Chapter 17.32 - C -P COMMERCIAL PROFESSIONAL ZONE Sections: 17.32.010 - Permitted uses. 17.32.012 - Uses requiring a Conditional Use Permit. 17.32.015 - Medical marijuana dispensary—Prohibited. 17.32.020 - Height. 17.32.030 - Front yard. 17.32.040 - Side yards. 17.32.050 - Placement of buildings. 17.32.060 - Lot area. 17.32.070 - Lot width. 17.32.080 - Permissible lot coverage. 17.32.010 - Permitted uses. 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 of the following signs: 1. Nameplates not exceeding two square feet in area containing the name of the occupant of the premises, 2. Two identification signs, each not exceeding fifty square feet in area per face, or one sign not exceeding one hundred feet in area per face for permitted uses, 3. One sign, not to exceed twelve square feet in area per face, giving information on the availability of the premises for sale or lease. (Ord. 605 § 3, 2006; Ord. 350 § 1(part), 1981: Ord. 177 § 2(part), 1966: prior code § 9440). 17.32.012 - Uses requiring a Conditional Use Permit Because of considerations of smoke, fumes, dust, odor, vibration, noise, traffic congestion, or hazard, the establishment or operation of the following uses in the C -P Ordinance No. 648 Page 15 zone shall not be permitted unless a conditional use permit authorizing such use has been granted. 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: 1. Accountants, 2. Advertisers, 3. Architects, 4. Attorneys, 5. Chiropractors, 6. Civil and professional engineers and planners, 7. Collection agencies, 8. Contractors, 9. Dentists, 10. Detective agencies, 11. Dispensing opticians, 12. Land surveyors, 13. Medical doctors, 14. Optometrists, 15. Osteopaths, 16. Persons practicing the healing arts for human beings, and related uses as oculists, prescription pharmacies, biochemical laboratories, and X-ray laboratories, between the hours of eight a.m. and nine p.m., 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; 17.32.015 - Medical marijuana dispensary—Prohibited. The establishment of a medical marijuana dispensary for the sale or distribution of medical marijuana or the sale or distribution of medical marijuana by an existing business is prohibited. No conditional use permit, variance, building permit, or other entitlement for use shall be accepted, processed, approved or issued for the establishment or operation of, and no person shall otherwise establish a "medical marijuana dispensary", as defined in Section 17.08.376 of the Irwindale Municipal Code. Ordinance No. 648 Page 16 (Ord. No. 624, § 3, 5-28-08) 17.32.020 - Height. No building or structure shall exceed thirty-five feet in height. (Ord. 350 § 1(part), 1981: Ord. 177 § 2(part), 1966: prior code § 9441). 17.32.030 - Front yard. Every lot in the C -P zone shall have a front yard not less than ten feet in depth. (Ord. 350 § 1(part), 1981: Ord. 177 § 2(part), 1966: prior code § 9442). 17.32.040 - Side yards. In the C -P zone every lot shall have and maintain the following side yards: A. Interior lots shall have a side yard on each side of the main building of not less than five feet. B. Corner lots shall have the following side yards: 1. On the side lot line which adjoins another lot, the side yard shall be the same as that required on an interior lot; 2. On the side street side, the width of the required side yard shall be ten feet; 3. On the side street side of reversed corner lots, accessory buildings shall observe the same side yard requirements as main buildings. (Ord. 350 § 1(part), 1981: Ord. 177 § 2(part), 1966: prior code § 9443). 17.32.050 - Placement of buildings. Placement of buildings on any lot shall conform to the following: A. Interior Lots. 1. No building or structure shall occupy any portion of a required yard. 2. Any building, any portion of which is used for human residency, shall observe all regulations applicable to such buildings in the R-3 zone. 3. A nondwelling accessory building may be located to the rear lot line and to the side lines to the rear of the required side yard; provided, if the lot rear upon an alley, such accessory building shall maintain a distance of not less than five feet from the rear lot line and may build to only one side lot line. B. Corner Lots. 1. No building shall occupy any portion of a required yard. Ordinance No. 648 Page 17 2. The distance between buildings used for human occupancy and between buildings used for human occupancy and accessory buildings shall be equal to twice the required interior side yard on the same lot. 3. On corner lots, an accessory building may be located to the rear lot line and to the interior side lot line when located to the rear of the required side yard; provided, if the lot rears upon an alley, such accessory building shall maintain a distance not less than five feet from the rear line of such lot. (Ord. 350 § 1(part), 1981: Ord. 177 § 2(part), 1966: prior code § 9444). 17.32.060 - Lot area. The minimum required lot area in the C -P zone shall not be less than five thousand square feet, or an amount of square footage equal to the number following the zoning designation on the zoning map. (Ord. 350 § 1(part), 1981: Ord. 177 § 2(part), 1966: prior code § 9445). 17.32.070 - Lot width. Each lot shall maintain a width of not less than fifty feet measured at the rear line of the required front yard; provided, however, if the zoning map indicates a minimum area of more than five thousand square feet, the minimum width of such lot shall be not less than ten percent of the total of such square footage. (Ord. 350 § 1(part), 1981: Ord. 177 § 2(part), 1966: prior code § 9446). 17.32.080 - Permissible lot coverage. Buildings, including accessory buildings and structures, shall not cover more than fifty percent of the total area of the lot. (Ord. 350 § 1(part), 1981: Ord. 177 § 2(part), 1966: prior code § 9447). Ordinance No. 648 Page 18 SECTION 5. Section 17.36.010 entitled 'Permitted uses" is hereby amended to require a Conditional Use Permit for all uses listed that are considered similarly classified/related to massaged establishments and to eliminate them as uses permitted by right, to read as follows: Irwindale, California, Code of Ordinances >> Title 17 - ZONING >> Chapter 17.36 - C-1 COMMERCIAL ZONE >> Chapter 17.36 - C-1 COMMERCIAL ZONE Sections: 17.36.010 - Permitted uses. 17.36.015 - Uses requiring a conditional use permit. 17.36.030 - Limitations on permitted uses. 17.36.040 - Standards of development. 17.36.050 - Lot area. 17.36.060 - Lot width. 17.36.070 - Yards. 17.36.080 - Building bulk. 17.36.090 - Signs. 17.36.010 - Permitted uses. The following uses, and no others, shall be permitted uses in the C-1 zone: 1. Any use permitted in the C -P zone, subject to all the limitations and restrictions imposed by Chapter 17.32, except as expressly provided in this chapter; 2. Appliances, household (no repair shall be permitted); 3. Antiques, art stores and galleries (no outside display); 4. Automobile supply stores, retail sale of new parts only; 5. Bakery and confectionery shops (baking per se shall be permitted only when incidental to retail sales); 6. Banks and financial institutions; 7. Book or stationery stores; 8. Clothing stores (no outside display); 9. Dress or millinery shops, retail sale only; 10. Dry goods or notions stores, retail sale only; 11. Drugstores; Ordinance No. 648 Page 19 12. Drycleaning establishments, including coin-operated machines, retail only; 13. Employment agencies; 14. Florist shops; 15. Gift shops; 16. Grocery or fruit stores, (including off-sale liquor) retail sale only (no outside display); 17. Hardware stores (no outside display); 18. Hobby shops; 19. Jewelry stores; 20. Laundromat, self-service and automatically equipped; 21. Locksmith stores; 22.Manufacturer's agents; 23. Offices, business and professional; 24. Paint stores, retail sale only; 25. Pet shops; 26. Photographic shops and studios; 27. Radio and television stores, sale and repair; 28. Real estate offices; 29. Sales offices (no outside shops); 30. Shoe stores or shoe repair shops; 31. Tailors; 32. Telephone exchanges; 33. Toy stores; 34. Tile, retail sale of glazed and ornamental tile. (Ord. 605 § 4, 2006; Ord. 571 § 2, 2003: Ord. 350 § 1(part), 1981: Ord. 177 § 2(part), 1966: prior code § 9450). 17.36.015 - Uses requiring a conditional use permit. Because of considerations of smoke, fumes, dust, odor, vibration, noise, traffic congestion, or hazard, the establishment or operation of the following uses in the C-1 Ordinance No. 648 Page 20 zone shall not be permitted unless a conditional use permit authorizing such use has been granted. 1. Barbershops or beauty parlors; 2. Dental clinics; 3. Medical clinics; 4. Parking lots, commercial; provided, that where such parking lots are not to be enclosed within a building, and where such facilities abut properties zoned for residential or agricultural uses, there shall be erected a six-foot decorative masonry wall adjacent to the property line between such parking lot and residential or agricultural zone; 5. Restaurants, cafes and refreshment stands; 6. Tobacco stores. (Ord. 571 § 3, 2003). 17.36.030 - Limitations on permitted uses. A. Enclosed Uses. All uses in the C-1 zone shall be conducted wholly within an enclosed building, except for uses customarily conducted in the open, when conditional use permit is granted. B. Special Development Standards. When any lot or parcel in the C-1 zone fronts on a street, public or private, the opposite side of which is zoned for R or A purposes, or abuts any R or A zoned property, all of the following standards shall be observed in the construction and maintenance of buildings, structures and uses to be located thereon: 1. Lighting. All outdoor lighting shall be constructed, operated and maintained so as to eliminate any interference with, or nuisance to, adjacent R or A zoned properties. 2. Vacant Land. All vacant land on the lot or parcel of land and the parkway area, or land used in conjunction with permitted uses on such properties, shall be surfaced, landscaped or otherwise maintained in a clean, dust -free and orderly manner. For the same purpose of this section, "surfaced" means concrete, asphalt, clean sand or gravel, placed on soil treated for weed control, or appropriate landscaping. 3. Loading Docks, Storage, etc. Loading docks, loading areas, surface yards, outdoor storage or sales areas, when permitted, and all trash, rubbish, or garbage receptacles or containers, which are located in a direct line of vision from any portion of adjacent R or A zoned properties, shall be enclosed or screened or be separated from such R or A zoned properties by a suitable view - obscuring fence or wall, not less than six feet in height, measured from the Ordinance No. 648 Page 21 finished grade of such area. No outdoor storage shall be permitted higher than such fence or wall. 4. Signs. All signs, advertising structures and the like, located upon such properties and all driveways to and from such properties, shall, consistent with the public safety, be located remote from such R or A zoned properties, when such R or A zoned properties are located on the same side of the street as said C-1 zoned properties. 5. Mechanical Devices. All mechanical heating, air conditioning, refrigeration or similar devices, maintained and operated on the exterior of buildings located in the C-1 zone, shall be enclosed, and shall be designed, installed, operated and maintained in such a manner as to eliminate unsightliness, noise, smoke, dust, etc., which would otherwise cause an interference with adjacent R or A zoned properties. 6. Change in Grade. Where it is contemplated to change the grade or elevation of such C-1 zoned properties, in excess of three feet vertically, on portions of the property abutting R or A zoned properties, a grading plan therefor shall be submitted to the city engineer, and a grading permit shall be obtained and such plan shall include fencing, landscaping, barricades, retaining walls, and other protective devices, necessary to protect and preserve the usefulness of such abutting R and A zoned properties. (Ord.350 § 1(part), 1981: Ord. 177 § 2(part), 1966: prior code § 9452). 17.36.040 - Standards of development. All uses within the C-1 zone shall comply with the standards of development set forth in Sections 17.36.050 through 17.36.090. (Ord. 350 § 1(part), 1981: Ord. 177 § 2(part), 1966: prior code § 9451 (part)). 17.36.050 - Lot area. Each lot in the C-1 zone shall have a minimum lot area of not less than: A. Five thousand square feet, if designated C-1, or C-1 (5,000); and B. Ten thousand square feet, if designated C-1 (10,000). (Ord. 350 § 11 (part), 1981: Ord. 177 § 2(part), 1966: prior code § 9451 (A)). 17.36.060 - Lot width. Each lot in the C-1 zone shall have and maintain a minimum lot width of not less than fifty feet. (Ord. 350 § 1(part), 1981: Ord. 177 § 2(part), 1966: prior code § 9451(6)). 17.36.070 - Yards. Ordinance No. 648 Page 22 A. Front Yards. Each lot in the C-1 zone shall have and maintain a front yard not less than ten feet in depth. B. Side Yards and Rear Yards. When any lot or parcel in the C-1 zone fronts upon a street, public or private, the opposite side of which is zoned for R-1 purposes, or if such lot or parcel abuts any R-1 zoned property, such lot or parcel shall observe and maintain a minimum five-foot side yard area, and a minimum twenty -foot rear yard area (see Section 17.48.051). C. No building or structure shall be erected or maintained in any required yard area, except as provided in this title. (Ord. 350 § 1(part), 1981: Ord. 177 § 2(part), 1966: prior code § 9451(C)). 17.36.080 - Building bulk. A. Height Limitations. No building or structure in the C-1 zone shall be erected or maintained more than thirty-five feet in height. B. Maximum Lot Coverage. No lot or parcel or land in the C-1 zone shall have the lot coverage, by buildings or structures, in excess of fifty percent of the total lot area (see Section 17.48.051). (Ord. 350 § 1(part), 1981: Ord. 177 § 2(part), 1966: prior code § 9451(D)). 17.36.090 - Signs. The following signs shall be permitted in the CA zone: A. One sign advertising anything produced, sold or otherwise available, on the premises on which the sign is located; provided, that no such sign shall exceed one hundred square feet in face area. B. Each permitted use may have one additional sign, not exceeding fifty square feet in face area. (Ord. 350 § 1(part), 1981: Ord. 177 § 2(part), 1966: prior code § 9451(E)). Ordinance No. 648 Page 23 SECTION 6. Section 17.59.010 entitled "Special uses" is hereby amended to remove massage parlor, to read as follows: Irwindale, California, Code of Ordinances >> Title 17 - ZONING >> Chapter 17.59 - SPECIAL USES Chapter 17.59 - SPECIAL USES Sections: 17.59.010 - Findings. 17.59.020 - Adult-oriented businesses—Findings. 17.59.025 - Adult-oriented businesses—Definitions. 17.59.030 - Adult-oriented businesses—Location and special restrictions. 17.59.035 - Development standards. 17.59.040 - Alternative. 17.59.050 - Nonconforming uses. 17.59.010 - Findings. The city council finds that the following uses are subject to such close overview as to location, operation, regulations, harmony with other uses, hours and other matters as to make necessary special zoning for such uses: A. Adult-oriented businesses; B. Entertainment businesses; C. Gasoline stations; D. Motion picture theaters. (Ord. 597 § 5, 2006: Ord. 403 § 1(part), 1986: Ord. 401 § 1(part), 1986). 17.59.020 - Adult-oriented businesses—Findings. The city council finds and determines that the planning and building departments of this city (and those of other cities) have indicated that the present controls relating to the appropriate zoning of adult-oriented businesses are inadequate to meet special conditions relating to such uses, including problems relating to litter, traffic, parking, hours of operation, noise, congestion, public nuisance, depreciation of property values, proximity to incompatible uses, appropriate concentration and dispersal of such activities and other matters relating to public health, safety and welfare and the police power of this city; that it is appropriate to amend the zoning code regulations for such uses, and to abate nonconforming uses. (Ord. 597 § 6, 2006: Ord. 403 § 1(part), 1986: Ord. 401 § 1(part), 1986). Ordinance No, 648 Page 24 17.59.025 - Adult-oriented businesses—Definitions. The words and phrases used in this chapter shall be governed by the definitions contained in Chapter 9.53 or 17.08 of this code. (Ord. 597 § 7, 2006). 17.59.030 - Adult-oriented businesses—Location and special restrictions. A. An adult-oriented business shall only be permitted in the following zones: 1. Heavy Manufacturing (designated by the acronym "M2"); and 2. Quarry (designated by the acronym "Q"). B. An adult-oriented business shall not be permitted within one thousand feet of the following locations: 1. A place of worship; 2. An educational institution; 3. A residentially zoned property or any legal nonconforming residential uses; 4. A public park; 5. Premises with on-site or off-site retail sales of alcoholic beverages; or 6. Another adult-oriented business. C. Any other sexually oriented business, whether an adult-oriented business or not, shall be similarly regulated and restricted under the authority of the U.S. Supreme Court cases of "Young v. American Mini -theatres" and "Renton v. Playtime." D. The distance of separation, required by subsection B of this section, shall be made using a straight line, without regard to intervening structures or objects, from the property line of the lot on which the adult-oriented business shall be located to the nearest property line of the lot upon which is located a residential use, place of worship, educational institution, park, premises selling alcoholic beverages or another adult-oriented business. E. Permit Required. Adult-oriented businesses shall obtain a permit in compliance with all applicable requirements of Chapter 9.53 of this code which is incorporated in this section by reference. (Ord. 597 § 8, 2006: Ord. 403 § 1(part), 1986: Ord. 401 § 1(part), 1986). 17.59.035 - Development standards. A. Adult-oriented businesses shall comply with the city's parking standards for the underlying use. Where no objective city parking standards exist for a particular underlying use, parking shall be provided at a ratio of one space for every one and Ordinance No. 648 Page 25 one-half occupants based upon the maximum occupancy approved by the Los Angeles County Fire Department. B. Adult-oriented business shall also comply with the requirements of Chapter 9.53 of this code. (Ord. 597 § 9, 2006). 17.59.040 - Alternative. In the event any prohibition set forth above in this chapter is held by any court of jurisdiction to be invalid, or inapplicable, then such use or uses shall ipso facto, immediately, and automatically be classified as a conditional use permit pursuant to the provisions of the zoning code of this city and an environmental impact report pursuant to the California Environmental Quality Act. (Ord. 403 § 1(part), 1986: Ord. 401 § 1(part), 1986). 17.59.050 - Nonconforming uses. In the event there exists on the date of enactment hereof any use which qualifies as a preexisting nonconforming use, then such use may either: A. Be summarily abated as a public nuisance if after a due process hearing the city council so determines; or B. Be amortized over a useful life of twelve months from date of notice, and then abated as a violation of this code. (Ord. 597 § 10, 2006: Ord. 403 § 1(part), 1986: Ord. 401 § 1(part), 1986). Ordinance No. 648 Page 26 SECTION 7. The City Council hereby authorizes and directs the Mayor and the City Clerk to execute this Ordinance on behalf of the City of Irwindale forthwith upon its adoption. SECTION 8. The Deputy City Clerk shall certify as to the passage of this Ordinance and shall cause the same to be published and/or posted at the designated locations in the City of Irwindale. SECTION 9. City staff is directed to prepare and file a Notice of Exemption under the California Environmental and Quality Act (CEQA) in connection with this project. PASSED, APPROVED, AND ADOPTED this 9th day of February 2011 ATTEST: Linda J. Kirpbro, MMC Deputy City Clerk Ordinance No. 648 Page 27 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. 648 was duly introduced at a regular meeting of the Irwindale City Council held on the 26th day of January 2011, and was duly approved and adopted on second reading at its regular meeting held on the 9th day of February 2011, by the following vote of the Council: AYES: Councilmembers: Breceda, Burrola, Fuentes, Ortiz, Mayor Garcia NOES: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None fir` Ii Linda J. Kimbrq, MMC Deputy City Clerk AFFIDAVIT OF POSTING I, Linda J. Kimbro, Deputy City Clerk, certify that I caused a copy of Ordinance No. 648, adopted by the City Council of the City of Irwindale at its regular meeting held February 9, 2011, to be posted at the City Hall, Library, and Post Office on February 10, 2011. ( I Dated: February 10, 2011 Linda J. kimbro, MMC `Deputy City Clerk;. _i Ordinance No. 648 Page 28