HomeMy WebLinkAbout668ORDINANCE NO. 668
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 PERMITTED AND CONDITIONALLY PERMITTED USES IN THE C-P
COMMERCIAL PROFESSIONAL ZONE, 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 1-13) for the
amendment of the existing Irwindale Municipal Code to address Conditional Use Permit
(CUP) requirements in the Commercial-Professional Zone (C-P zone) for administrative,
professional, and personal services, including but not limited to massage
establishments and other uses, which will affect properties citywide subject to Chapters
17.08 and 17.32; and
WHEREAS, SB 731 (Chapter 384, Statutes of 2008) amended California
Business and Professions Code Sections 4600 et seq. to allow local governments to
adopt land use and zoning requirements applicable to massage establishments or
businesses, provided that these requirements shall be no different than the
requirements that are uniformly applied to other professional or personal services
businesses; and
WHEREAS, at the time SB 731 was enacted, the Irwindale Municipal Code (IMC)
Section 17.40.010(17.5) required a Conditional Use Permit (CUP) for Massage
Establishments and allowed professional occupations licensed by the Business and
Professions Code as permitted without a CUP; and
WHEREAS, on January 26, 2011, to address the statutory requirements of SB
731, the City Council adopted Ordinance No. 648 stipulating that, in addition to
massage establishments, all professional occupations in the Commercial-Professional
Zone (C-P zone) that require a license per the State Business and Professions Code
require a CUP; and
WHEREAS, after sufficient time has passed to evaluate the effectiveness of
Ordinance No. 648, the City has determined that, in practice, the ordinance has proved
cumbersome to administer and has resulted in unintended consequences creating
barriers to entry (e.g., cost, time) into the market for the very businesses and
professions that the C-P zone is intended to support and encourage, and these
business types are also encouraged by the Council-adopted Economic Strategic Plan to
diversify the City's economic base; and
WHEREAS, in 2011, the State Legislature made further statutory amendments
by adopting AB 619 (Chapter 162, Statutes of 2011), which amended Business &
Professions Code Section 4612, to eliminate the term "personal services" and further
define "professional services" as any business that requires a license, certification, or
Ordinance No. 668
Page 1
registration under the Business & Professions Code, which required the City to apply
zoning restrictions to massage establishments that are uniformly applied to all other
businesses that require a license, certification, or registration under the Business &
Professions Code; and
WHEREAS, the City does not uniformly apply its zoning restrictions to all
businesses that require a license, certification, or registration under the Business &
Professions Code, such as the prohibition of tobacco sales from operating in the C-P
zone, while contractor and architectural services are conditionally permitted; and
WHEREAS, an amendment to the Zoning Code is therefore necessary to
implement the City's legislative intent for the General Plan and the Economic Strategic
Plan while still complying with the provisions of the Business & Professions Code; and
WHEREAS, elsewhere in the Zoning Code, the City already imposes zoning
restrictions on similar types or groups of uses and, accordingly, different zoning
restrictions on different types of professional services should also be implemented for
professional services in the C-P zone, including:
• administrative services (e.g., accounting, real estate, engineering, and
architectural services);
• medical and health services (e.g., medical, dental, chiropractic, and
osteopathic services); and
• personal services (e.g., check-cashing, tattooing, massaging, and
barber/cosmetology services); and
WHEREAS, personal services are not considered professional office uses
consistent with the intent of the C-P zone because such uses often are dependent upon
retail traffic and visibility from major thoroughfares, and such personal services also
tend to have blighting, deteriorating, and adverse health and safety effects within a
surrounding area which require regulation by the City to minimize their adverse impacts;
and
WHEREAS, the proposed Zone Ordinance Amendment No. 1-13 amends
Ordinance No. 648 to permit professional office uses by right in the C-P zone, and
requires a CUP for personal service uses that are not consistent with the intent of the C-
P zone and that may impact the character of a professional office environment, and may
tend to have a blighting, deteriorating, and/or adverse health/safety effect upon
surrounding areas and that may need to be dispersed from other similar uses to
minimize its adverse impacts; and
WHEREAS, on February 20, 2013, the Planning Commission conducted a duly
noticed public hearing, as required by law, on the Zone Ordinance Amendment and
recommended that the City Council approve the Zone Ordinance Amendment, subject
to the approval of an ordinance; and
Ordinance No. 668
Page 2
WHEREAS, on March 13, 2013, the City Council conducted a duly noticed public
hearing, as required by law, on the Zone Ordinance Amendment, including
recommendation of the Planning Commission to approve the proposed Zone Ordinance
Amendment, took testimony, reviewed relevant documentary evidence, and conducted
a first reading of the Zone Ordinance Amendment; and
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 Zoning Code, shall be
revised to amend subsection 17.08.368, entitled "Massage Establishment", to read as
follows, adding a definition for "personal services, restricted":
Irwindale, California, Code of Ordinances >> Title 17 - ZONING >> Chapter 17.08 -
DEFINITIONS
Chapter 17.08 - DEFINITIONS
Sections:
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.
17.08.100 - Cellar.
17.08.105 - Centerline.
17.08.110 - Child care center.
17.08.115 - City.
Ordinance No. 668
Page 3
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.
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.
Ordinance No. 668
Page 4
17.08.345 - Lot line, rear.
17.08.350 - Lot line, side.
17.08.355 - Lot, reversed corner.
17.08.360 - Lot, through.
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.
17.08.411 – Personal Services, Restricted.
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.
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.
Ordinance No. 668
Page 5
17.08.525 - Yard.
17.08.530 - Yard, front.
17.08.535 - Yard, rear.
17.08.540 - Yard, side.
17.08.411 – Personal Services, Restricted.
A personal service establishment that is not consistent with the intent of the C-P zone
and that may impact the character of a professional office environment, including:
check-cashing services;
nail salons;
beauty parlors;
clinical cosmetologists;
barbershops:
tattooing, piercing, and similar services;
massage; and
day/health spa.
SECTION 3. Sections 17.32.010, entitled "Permitted uses" and 17.32.012, entitled
"Uses requiring a Conditional Use Permit " are hereby amended to: allow administrative
and professional offices as a use by right; allow "personal services, restricted" with a
CUP; remove the CUP requirement for establishments engaged in the sale of alcoholic
beverages, since that use is addressed in the C-2 zone; and remove the CUP
requirement for medical uses, since they will be a use by right:
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 coveraqe.
17.32.090 – Signs.
17.32.010 – Permitted Uses.
The following uses are permitted in the C-P zone:
Ordinance No. 668
Page 6
A. Administrative and professional offices, 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 such
as oculists, prescription pharmacies, biochemical laboratories, and X-ray
laboratories.
17.32.12 — Uses requiring a Conditional Use Permit.
Because these uses may tend to have a blighting and/or deteriorating effect upon
surrounding areas and that may need to be dispersed from other similar uses to
minimize their potentially adverse impacts, 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. Personal services, restricted, including, but not limited to, the following:
Check-cashing services;
Nail salons;
Beauty parlors;
Clinical cosmetologists;
Barbershops:
Tattooing, piercing, and similar services;
Massage; and
Day/health spa.
B. Because of potential conflicts with adjacent uses, the following uses shall not be
permitted unless a conditional use permit authorizing such use has been granted:
Veterinarians,
Funeral parlors,
Pest control operators.
Ordinance No. 668
Page 7
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 § (pal. Ord. 177 § 2(part) 1966: prior code § 9441)
17.32.030 - Front y
Every lot in the C -P zone shall have a front yard not less than ten feet in depth.
(Ord. 350 § l(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 § I (part), 81: Ord. 177 § 2(part), 1966: prior code
17.32.050 - Placement of
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.
Ordinance No. 668
Page 8
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:' 177 § 2(part), 1966: prior code § 944
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).
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 square 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 1981: Ord. 177 § 2(par 966: prior code § 9447).
Ordinance No. 668
Page 9
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 lrvvindale.
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.
PASSED, APPROVED, AND ADOPTED this 27 th day of March 2013.
Julian A. Miranda, Mayor
ATTEST:
ra M. Nieto, CMC
puty City Clerk
Ordinance No. 668
Page 10
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. 668 was duly introduced at a regular meeting of the Irwindale
City Council held on the 13th day of March 2013, and was duly approved and adopted
on second reading at its regular meeting held on the 27 th day of March 2013, by the
following vote of the Council:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
Breceda, Fuentes, Garcia, Ortiz, Mayor
Miranda
None
None
None
ra M. Nieto, CMC
'eputy City Clerk
AFFIDAVIT OF POSTING
I, Laura M. Nieto , Deputy City Clerk, certify that I caused a copy of Ordinance No. 668, adopted by the City Council of the City of
Irwinctafe at its regular meeting held March 27, 2013 to be posted at the City Hall, Library, and Post Office on April 1, 2013.
Dated: 1-0 /2D13
a M. Nieto, CMC
Puty City Clerk
Ordinance No. 668
Page 11