HomeMy WebLinkAbout660ORDINANCE NO. 660
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRWINDALE AMENDING
CHAPTERS 17.08 AND 17.32 OF THE CITY OF IRWINDALE MUNICIPAL CODE,
REGARDING MASSAGE 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 2-12) to the
Irwindale Municipal Code regarding massage establishments, which will affect
properties Citywide, to initiate a change to the code; and
WHEREAS, on July 18, 2012, 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, and
WHEREAS, on August 22, 2012, 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 would make
technical, non-substantive cleanup amendments to the Irwindale Zoning Code to
address issues of codification and cross-referencing in specified chapters and sections
of the Code, 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.
SECTION 2. Chapter 17.08 "Definitions" of the Irwindale Municipal Code, shall
be revised to list Section 17.08.370 as "Massage Establishment (see IMC Section
9.64.010)" and list Section 17.08.372 as "May" to read as follows:
Chapter 17.08 - DEFINITIONS
17.08.005 - Generally.
17.08.010 - Abut, adjoining or contiguous.
17.08.015 - Access.
Ordinance No. 660
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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.
17.08.067 - Billboards.
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.
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.
Ordinance No. 660
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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.
17.08.230 - Gender.
17.08.235 - Grade, ground level.
Ordinance No. 660
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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.
Ordinance No. 660
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17.08.355 - Lot, reversed corner.
17.08.360 - Lot, through.
17.08.365 - Lot, width.
17.08.370 - Massage Establishment (see IMC Section 9.64.010).
17.08.372 - 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.
17.08.410 - 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.
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17.08.436 - Second unit, residential.
17.08.440 - Shall.
17.08.445 - Sign.
17.08.450 - Singular.
17.08.455 - Sloping terrain.
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.
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SECTION 3. Chapter 17.32 "Commercial Professional Zone" of the Irwindale
Municipal Code, shall revise Section 17.32.010, formerly known as "Permitted Uses" to
"Uses Requiring a Conditional Use Permit"; delete Section 17.32.012, formerly known
as "Uses Requiring a Conditional Use Permit" and add Section 17.32.090, entitled
"Signs" to read as follows:
Chapter 17.32 - C-P COMMERCIAL PROFESSIONAL ZONE
Sections:
17.32.010 - 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.
17.32.090 - Signs
17.32.010 - 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
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,
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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.
(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.
Ordinance No. 660
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(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.
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).
Ordinance No. 660
Page 9
PASSED, APPROVED, AND ADOPTED this 12 th day of/Sipte
ura M. Nieto, CMC
eputy City Clerk
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.
17.32.090 - Signs
The following signs shall be permitted in the C-P zone:
A. Nameplates not exceeding two square feet in area containing the name of the
occupant of the premises,
B. 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,
C. 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. 350 § 1(part), 1981: Ord. 177 § 2(part), 1966: prior code § 9447).
SECTION 4. 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 5. 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 6. 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.
Ordinance No. 660
Page 10
it-a M. Nieto, CMC
puty City Clerk
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES } ss.
CITY OF IRWINDALE
I, Laura M. Nieto, Deputy City Clerk of the City of Irwindale, do hereby certify that the
foregoing Ordinance No. 660 was duly introduced at a regular meeting of the Irwindale
City Council held on the 22 nd day of August 2012, and was duly approved and adopted
on second reading at its regular meeting held on the 12 th day of September 2012, by the
following vote of the Council:
AYES: Councilmembers: Breceda, Garcia, Miranda, Mayor Fuentes
NOES: Councilmembers: None
ABSENT: Councilmembers: Ortiz
ABSTAIN: Councilmembers: None
AFFIDAVIT OF POSTING
I, Laura M. Nieto, Deputy City Clerk, certify that I caused a copy of Ordinance No. 660,
adopted by the City Council of the City of Irwindale at its regular meeting held
September 12, 2012, to be posted at the City Hall, Library, and Post Office on
Sept9.mber 17, 2012.
Dated: September 17, 2012
ra M. Nieto, CMC
puty City Clerk
Ordinance No. 660
Page 11