HomeMy WebLinkAbout645ORDINANCE NO. 645
AN URGENCY INTERIM ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF IRWINDALE, CALIFORNIA,
TEMPORARILY PROHIBITING THE ESTABLISHMENT OF
MASSAGE ESTABLISHMENTS AND DAY SPAS
PENDING COMPLETION OF STUDIES AND THE PREPARATION OF AN UPDATE
TO THE CITY'S ZONING CODE
WHEREAS, the Irwindale Municipal Code ("IMC"), including the Irwindale Zoning
Code, currently requires that massage establishments and day spas obtain a
Conditional Use Permit; and
WHEREAS, the City of Irwindale ("City") has received an inquiry from a potential
business owner regarding the possibility of locating a massage establishment in the
City; and
WHEREAS, the City Council is aware that State Senate Bill 731 changed
Business & Professions Code Section 4612, which permits cities to regulate land use
and zoning requirements for applicable massage establishments [Bus. & Prof. Code
Sec. 4612(a)(3)], and that Section 4612 further provides that the zoning
requirements applicable to massage establishments must be those that are uniformly
applicable to other professional or personal services. That is, there should be no
distinction that singles out massage establishments from other professional or personal
services; and
WHEREAS, in the Irwindale Zoning Code, professional services such as medical
doctors, dentists, accountants, and attorneys are permitted by right in the C-P zone and
more intensive zones. However, professional services such as gyms, natatoriums,
physical fitness centers, day spas, and massage establishments are permitted only with
a Conditional Use Permit (CUP) in the C-2 zone and more intensive zones. These uses
are not permitted at all in less intensive zones. This discrepancy between how medical
doctors, dentists, accountants, and attorneys are permitted and how massage
establishments and day spas are permitted needs to be researched further to determine
if an amendment to the Zoning Code is required; and
WHEREAS, City staff requires time to consider, study and enact regulations for
massage establishments and day spas in a manner that is consistent with state law;
and
WHEREAS, the City Council desires, on an urgency basis, to temporarily prohibit
massage establishments and day spas; and
WHEREAS, Government Code Sections 36934, 36937 and 65858 expressly
authorize the City Council to adopt an urgency ordinance for the immediate preservation
Ordinance No. 645
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of the public peace, health or safety and to prohibit a use that is in conflict with a
contemplated general plan, specific plan, or zoning proposal that the legislative body,
planning commission or the planning department is considering or studying or intends to
study within a reasonable time.
NOW, THEREFORE, the City Council of the Irwindale does ordain as follows:
SECTION 1. Findings
A. To allow time for the City to consider, study and possibly revise
regulations for massage establishments and day spas, it will be necessary to
temporarily suspend the approval of massage establishments and day spas as such
uses may be in conflict with the development standards and implementation regulations
that the City will ultimately impose after the City has considered and studied this issue,
which shall be accomplished within a reasonable time.
B. A moratorium will provide the City with time to draft and adopt regulations,
consistent with the Senate Bill 731, to regulate the location and operation of massage
establishments and day spas in a manner that is consistent with the Code, compatible
with surrounding neighborhoods and in the best interests of the residents of the City.
SECTION 2. Interim Prohibition
From and after the date of this ordinance, no use permit, variance, building
permit, business license, or any other entitlement for use shall be accepted, processed,
approved or issued for the establishment or operation of, and no person shall otherwise
establish, a massage establishment or day spa for a period of 45 days.
For purposes of this ordinance, "massage establishment" shall mean any
establishment having a fixed place of business where any person, firm, association,
partnership or corporation engages in, conducts or carries on, or permits to be engaged
in, conducted or carried on, any business of giving massages, baths, administration of
fomentation, mechanical, electric or magnetic treatments, alcohol rubs or any other type
of system for treatment or manipulation of the human body with or without any character
of bath, such as Turkish, Russian, Swedish, Japanese, vapor, shower, electric tub,
sponge, mineral, fomentation, or any other type of bath. "Day spa" shall mean a facility
employing licensed trained professionals where visitors can receive a variety of spa
treatments during day hours and overnight accommodations are not available.
Examples of typical spa services include exfoliation, dermabrasion, balneotherapy, dry
brushing, body composition (fat to lean muscle ratio) analysis, massages, chemical
peel, clay or mud wrap, facial rejuvenation, reflexology, hydrotherapy, balneotherapy,
crenotherapy, thalassotherapy, and body wraps.
Ordinance No. 645
Page 2
SECTION 3. Urgent Need
Based on the foregoing recitals and findings which are all deemed true and
correct, this interim ordinance is urgently needed for the immediate preservation of the
public safety, health, and welfare. This interim ordinance shall take effect immediately
upon adoption and shall be of no further force and effect 45 days following the date of
its adoption unless extended in accordance with the provisions set forth in Government
Code Section 65858.
SECTION 4. Authority
Government Code Section 65858 provides that an urgency measure in the form
of an initial interim ordinance may be adopted without prior public notice by a four-fifths
vote of the City Council, which shall be effective for only 45 days following its date of
adoption. Government Code Section 65858 further provides that such an urgency
measure may be extended following compliance with that section for up to an additional
22 months and 15 days beyond the original 45-day period.
SECTION 5. Penalties
The definitions and penalties for land use violations that are prescribed in the
Irwindale Zoning Code shall apply to violations of the provisions of this Interim
Ordinance.
SECTION 6. Severability
If any provision of this Interim Ordinance or the application thereof to any
persons or circumstances is held invalid, such invalidity shall not affect other provisions
or applications of this Interim Ordinance which can be given effect without the invalid
provision or application and to this end the provisions of this Interim Ordinance are
hereby declared to be severable.
SECTION 7. Notice
The Deputy City Clerk shall certify to the passage of this interim Ordinance and
shall cause the same to be posted at the designated locations in the City of Irwindale.
Ordinance No. 645
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PASSED, APPROVED, and ADOPTED this 25th day of August 2010.
H. Manual Ortiz, Mayor
ATTEST:
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J. KirAbio, IViMC
Wputy City ferk
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. 645 was duly introduced and adopted at a regular
meeting of the Irwindale City Council held on the 25 th day of August 2010, by the
following vote of the Council:
AYES: Councilmembers: Breceda, Burrola, Garcia, Fuentes, Mayor Ortiz
NOES: Councilmembers: None
ABSENT: Councilmembers: None
ABSTAIN: Councilmembers: None
AFFIDAVIT OF POSTING
I, Linda J. Kimbro, Deputy City Clerk, certify that I caused a copy of Ordinance No 645 adopted by the City Council of the
City of Irwindale at its regular meeting held August 25, 2010, to be posted at the City Hall, Library, and Post Office on August 26,
?-010.
Linda J. Kirtplo, MM
'7Deputy City G-Ibrk
Dated: August 26, 2010
Ordinance No. 645
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