HomeMy WebLinkAbout673ORDINANCE NO. 673
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRWINDALE AMENDING
CHAPTER 17.52 OF THE CITY OF IRWINDALE MUNICIPAL CODE REGARDING
EMERGENCY SHELTERS IN THE M-1 (LIGHT MANUFACTURING) ZONE ADDING
SECTIONS 17.52.012; 17.52.015; AND 17.52.017 TO CHAPTER 17.52 WHICH WILL
AFFECT PROPERTIES CITYWIDE
WHEREAS, The City of Irwindale, 5050 Irwindale Avenue, Irwindale, CA
91706, the Applicant, has made a request to amend Chapter 17.52 - Zone Ordinance
Amendment No. 4-13 (ZOA 4-13) ("Amendment") to provide for emergency shelters as
a use by right in the M-1 (Light Manufacturing) Zone. ZOA No. 4-13 adds Sections
17.52.012; 17.52.015; and 17.52.017 to Chapter 17.52 of the IMC.
WHEREAS, Pursuant to the authority and criteria contained in the California
Environmental Quality Act ("CEQA") and the CEQA guidelines, it has been determined
that the proposed Amendment is categorically exempt under Section 15061(b)(3) of the
CEQA Guidelines in that CEQA applies only to projects which have the potential for
causing a significant impact on the environment. Where it can be seen with certainty
that there is no possibility that the activity in question may have a significant impact on
the environment, that activity is not subject to CEQA.
WHEREAS, Section 65583 of the California Government Code (Housing
Element Law) was amended to ensure that zoning encourages and facilitates
emergency shelters and limits the denial of emergency shelters and transitional and
supportive housing under the Housing Accountability Act.
WHEREAS, On June 19, 2013, the Planning Commission conducted a duly
noticed public hearing, as required by law, on the Amendment and recommended that
the City Council approve the Amendment, subject to the approval of an ordinance,
which would detail the specific conditions under which such portion of the Zone
Ordinance Amendment was approved.
WHEREAS, On July 10, 2013, the City Council conducted a duly noticed
public hearing and a first reading of the Amendment, as required by law, to approve the
subject Amendment which would amend Chapter 17.52 of the IMC to bring the IMC in
compliance with the California Government Code Section 65583 regarding emergency
shelters. The Amendment would allow emergency shelters as a use by right in the M-1
(Light Manufacturing) Zone.
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:
Ordinance No. 673
Page 1
SECTION 1. The City Council finds that the above recitals are true and correct
and are incorporated herein by this reference.
SECTION 2. Chapter 17.52 "M-1 Light Manufacturing Zone" of the Irwindale
Zoning Code, shall be amended as follows:
Irwindale, California, Code of Ordinances >> Title 17 - ZONING >> Chapter 17.52 — M-1
Light Manufacturing Zone
Chapter 17.52 M-1 Light Manufacturing Zone
Sections:
17.52.010 - Permitted uses.
17.52.012 — Emergency Shelter Definition
17.52.015 — Emergency Shelter Use Regulations
17.52.017 — Emergency Shelter Development Standards
17.52.020 - Limitations on permitted uses.
17.52.030 - Height.
17.52.040 - Front and side yards.
17.52.050 - Signs.
17.52.060 - Placement of buildings.
17.52.080 - Uses requiring a conditional use permit.
17.52.010 - Permitted uses.
No person shall use any portion of any property zoned M-1 within the city, except for
such uses as are permitted by this chapter. The following uses shall be permitted in
the M-1 zone:
Any use permitted in the C-M zone, subject to all the limitations and restrictions
imposed by Chapter 17.48, except as expressly provided in this chapter;
1. Bakeries, wholesale;
2. Beds and bedsprings, manufacture;
3. Bottling plants;
4. Box factories;
5. Brushes, manufacture;
6. Building material sales, no outdoor storage allowed;
7. Burial caskets;
8. Candles, manufacture;
9. Canvas and canvas products, manufacture;
10.Casein products, manufacture, except glue;
11. Cellophane products, manufacture;
12. Cigarettes, manufacture;
13.Cigars, manufacture;
14. Clocks, manufacture;
15. Coffee roasting;
16.Coffins, manufacture;
17. Cork products, manufacture;
18.Corrugated cardboard products, sales, storage and manufacture;
19. Cosmetics, manufacture;
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20. Cutlery manufacturing;
21. Distributing plants, total storage capacity two hundred fifty thousand
gallons;
22. Drugs, manufacture and sale at wholesale;
23. Dry goods, manufacture and sale at wholesale, and storage;
24. Electric or neon sign manufacturing;
25. Emergency Shelter (see Sections 17.52.012, 17.52.015 and
17.52.017)
26. Engraving, machine metal engraving;
27. Fabricating, other than snap riveting or any process used in
bending or shaping which produces any annoying or disagreeable
noise;
28. Feather products, manufacture or renovation, or both;
29. Fiber products, including fiberglass, manufacture;
30. Fixtures, manufacture of gas or electrical fixtures, or both;
31. Fruit and vegetable canning, preserving and freezing;
32. Furniture manufacture;
33. Garment manufacture;
34. Glass, production by hand of crystal glass art novelties within an
enclosed building of fire-resistant construction;
35. Glass studios, stained glass, etc.;
36.Glass, storage;
37. Gloves, manufacture;
38. Hair products, manufacture;
39. Heating equipment, manufacture;
40. Ice and cold storage plants;
41.Ink, manufacture;
42. Knitting and/or textile and yarn mills, manufacture;
43. Laundries;
44. Machine shops;
45. Mattresses, manufacture and renovation;
46. Medicines, manufacture;
47. Musical instruments, manufacture;
48. Novelties, manufacture;
49. Paper products manufacture, but not including the manufacture of
paper itself;
50. Phonograph records, manufacture, including the grinding and
processing of the basic materials used in connection therewith;
51.Plastics, fabrication from;
52. Plastics, molding, including the light manufacture of products
thereof provided all grinding operations are conducted within an
enclosed building;
53. Plumbing supply, outside storage screened;
54. Pottery, manufacture;
55. Rugs, manufacture;
56.Sash and door manufacturing;
57. Shoes, manufacture;
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58. Soap, manufacture, cold mix only;
59. Soft drinks, manufacture and bottling;
60. Springs, manufacture;
61.Store fixtures, manufacture and sales;
62. Tools, manufacture, exclusive of foundry;
63. Toys, manufacture;
64. Transfer, moving and storage of furniture and household goods;
65. Type, manufacture of printers type;
66. Venetian blinds, manufacture;
67. Vitamin tablets, manufacture;
68. Welding equipment;
69.Wine storage and bottling;
70. Wire fabrication.
(Ord. 571 § 9, 2003: Ord. 480 § 3, 1994; Ord. 365(part 983: Ord. 199 § 2,
1967; Ord. 177 § 2(part), 1966: prior code § 9480).
17.52.012 Emergency Shelter Definition. "Emergency shelter" means housing with
minimal supportive services for homeless persons that is limited to occupancy of six
months or less by a homeless person. No individual or household may be denied
emergency shelter because of an inability to Pay.
17.52.015 — Emergency Shelter Use Regulations
A. Maximum beds. The emergency shelter shall contain a maximum of 30 beds and
shall serve no more than 30 homeless persons at a time.
B. Maximum length of stay. Temporary shelter shall be available to residents for no
more than 6 months. Staff and services shall be provided to assist residents to
obtain permanent shelter and income.
C. Lighting. Adequate external lighting shall be provided for security purposes. The
lighting shall be stationary, directed away from adjacent properties and public
rights-of-way and of an intensity compatible with the neighborhood.
D. Onsite management. Onsite management of the facility shall be required during all
open hours of operation.
E. Management plan. The emergency shelter provider/operator shall have a written
management plan including, as applicable, provisions for staff training, security,
screening of residents to ensure compatibility with services provided at the facility,
and for training, counseling and treatment programs for residents.
F. Licenses. The emergency shelter facility shall demonstrate that it Is in and
maintains in good standing County and/or State licenses if required by these
agencies for the owner(s), operator(s), and/or staff of the shelter.
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17.52.017 — Emergency Shelter Development Standards
A. Proximity to other emergency shelters. No more than one emergency shelter shall
be permitted within a radius of 300 feet.
B. Parking. The emergency shelter shall provide on-site parkinq at a rate of two
spaces per facility for staff plus one space for every six occupants, determined by
the emergency shelter's maximum capacity.
17.52.020 - Limitations on permitted uses.
Every use permitted in the M-1 zone shall be subject to the following limitations:
A. When an M-a lot fronts or sides upon a street, public or private, there shall be
maintained a front or side yard area of not less than twenty feet in depth. A
landscaping area, not less than twenty feet in width shall be maintained along all
street frontage of such lots.
B. All uses shall be conducted wholly within a completely enclosed building or within
an area enclosed on all sides with a solid, view-obscuring masonry wall not less
than six feet, or more than eight feet in height, except such uses as drive-in
restaurants, gasoline stations, electric distribution substations, and horticultural
nurseries and similar enterprises, customarily conducted in the open.
C. Mechanical Devices. All mechanical heating, air-conditioning, refrigeration or
similar devices, maintained and operated on the exterior of buildings located in the
C-M, M-1 and M-2 zones, 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 C-M,
M-1 and M-2 zones properties.
(Ord. 400 § 1(part), 1986; Ord. 365 (part), 1983: Ord. 177 § 2(part), 1966: prior code § 9481).
17.52.030 - Height.
No building in the M-1 zone shall exceed a height of thirty-five feet.
(Ord. 177 § 2(part), 1966: prior code § 9482).
17.52.040 - Front and side yards.
No front or side yard shall be required except as set forth in Section 17.52.020.
(Ord. 177 § 2(part), 1966: prior code § 9483).
17.52.050 - Signs.
Signs which relate to or advertise any service or product rendered, manufactured, or
available from the uses permitted on the property shall be permitted as an accessory
use, provided that:
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For freestanding signs, the same do not exceed one hundred fifty square feet of gross
sign face area;
Signs which are a part of the building shall not exceed one square foot of gross face
area for each one hundred square feet of gross floor area in the building.
(Ord. 177 § 2(part), 1966: prior code § 9485).
17.52.060 - Placement of buildings.
On any lot in the M-1 zone, which abuts property in any R or A zone, no building shall
be erected closer than twenty feet to the common lot line; and there should be
constructed and maintained in and along such common boundary line a six-foot solid
masonry wall; and there should be installed and maintained a ten-foot-wide strip of
landscaping immediately adjacent to the side wall required in Section 17.52.020.
(Ord. 177 § 2(part), 1966: prior code § 9484).
17.52.080 - Uses requiring a conditional use permit.
Because of considerations of smoke, fumes, dust, vibration, noise, traffic congestion, or
hazard, the establishment and operation of the following uses in the M-1 zone shall not
be permitted unless a conditional use permit authorizing such use has been granted:
1. Acetylene; storage of oxygen and acetylene in tanks if oxygen is stored in a room
separate from acetylene, and such rooms are separated by a not less than one-hour
fire-resistant wall;
2. Automobile assembly, body and fender works, and used parts storage when operated
and maintained wholly within an entirely enclosed building;
3. Automobile painting, providing all painting, sanding and baking shall be conducted
wholly within an enclosed building;
4. Batteries, manufacture and rebuilding;
5. Boat building;
6. Cleaning and dyeing establishments, wholesale;
7. Creameries and dairy products manufacturing;
8. Engines, manufacture of internal combustion or steam engines; this subsection does
not permit a foundry;
9. Fish hatcheries;
10. Flour mills;
11. Fur products, manufacture;
12. Hatcheries, and sale of baby chicks;
13. Hay barns;
14. Iron, ornamental iron works, but not including a foundry;
15. Manufacturing, including processing and storage, of food products of animal and/or fish
origin:
16. Metals, manufacture of metal:
a. Manufacture of products of precious or semiprecious metals,
b. Metal fabricating,
c. Metal spinning,
Ordinance No. 673
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d. Metal storage,
e. Metal-working shop,
f. Steel and brass stamp, including hand and machine engraving;
17. Motors, manufacture of electric motors;
18. Nurseries, including growing of stock;
19. Paint mixing, provided a boiling process is not employed, no tank farm is permitted, and
above-surface thinner storage is limited to two hundred (200) gallons;
20. Poultry dealer or broker, wholesale (no slaughtering);
21. Public scales;
22. Public utility service yards or electric distribution and transmission substations;
23. Rubber, fabrication of products made from finished rubber;
24. Sheet metal shop;
25. Tile, manufacture of wall and floor tile and related small tile products;
26. Tinsmiths;
27. Truck repairing, overhauling and service, provided that all activities shall be conducted
within an enclosed building;
28. Truck washing and cleaning;
29. Welding shops;
30. Wood products, manufacture (excluding planing mill).
(Ord. 571 § 10, 2003: Ord. 542 § 2, 1999: Ord. 399 § I, 1986).
SECTION 3. 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 4. 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 5. City staff is directed to prepare and file a Notice of Exemption
under the California Environmental and Quality Act (CEQA) in connection with this
Amendment.
PASSED, APPROVED, AND ADOPTED this 24 th day of July 2013.
eq. -
Julian A. Miranda, Mayor
Ordinance No. 673
Page 7
Dated: 7b5113
Ordinance No. 673
Page 8
ra M. Nieto, CMC
puty City Clerk
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF IRWINDALE
I, Laura M. Nieto, Deputy City Clerk of the City of Irwindale, do hereby certify that the
foregoing Ordinance No. 673 was duly introduced at a regular meeting of the Irwindale
City Council held on the 10 th day of July 2013, and was duly approved and adopted on
second reading at its regular meeting held on the 24th day of July 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
puty City Clerk
AFFIDAVIT OF POSTING
I, Laura M. Nieto, Deputy City Clerk, certify that I caused a copy of Ordinance No.673, adopted by the City Council of the City of
Irwin at its regular meeting held July 24, 2013 to be posted at the City Hall, Library, and Post Office on July 25, 2013