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