HomeMy WebLinkAbout716ORDINANCE NO. 716
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRWINDALE AMENDING
CHAPTERS 17.08, 17.32 AND 17.36 OF THE CITY OF IRWINDALE MUNICIPAL CODE
REGARDING THE ADDITION AND AMENDMENT OF DEFINITIONS AND PERMITTED
AND CONDITIONALLY PERMITTED USES IN THE C -P (COMMERCIAL
PROFESSIONAL) ZONE AND C-1 (COMMERCIAL) ZONE OF TITLE 17 OF THE
IRWINDALE MUNICIPAL CODE 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 02-2017) to amend
the existing Irwindale Municipal Code to add and amend definitions, permitted and
conditionally permitted uses in the C -P (Commercial -Professional) and C-1 (Commercial)
zones, which will affect properties Citywide; and
WHEREAS, as a result of 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 February 9, 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 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
Ordinance No. 716
Page 1
WHEREAS, on August 22, 2012, to make technical, non -substantive cleanup
amendments to the Irwindale Zoning Code, the City Council adopted Ordinance No. 660 to
address issues of codification and cross-referencing in specified chapters and sections of
the Code; and
WHEREAS, on March 27, 2013, the City Council adopted Ordinance No. 668 to
approve amendments to Chapter 17.32; and
WHEREAS, on October 18, 2017, 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
WHEREAS, on November 8, 2017, the City Council conducted a duly noticed public
hearing introducing this Ordinance, and all testimony received was made part of the public
record; and
WHEREAS, the City Council has duly considered all information presented to it,
including the Planning Commission findings, Planning Commission Resolution No. 741(17),
written staff reports, and any testimony provided at the public hearings.
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. The City Council hereby finds and determines that it can be seen with
certainty that there is no possibility that this ordinance may have a significant adverse effect
on the environment. Thus, the adoption of this ordinance is exempt from the requirements
of the California Environmental Quality Act ("CEQA") pursuant to Section 15061(b)(3) of the
CEQA Guidelines. City staff is directed to prepare and file a Notice of Exemption under the
California Environmental and Quality Act (CEQA) in connection with this Ordinance.
SECTION 3. Based upon substantial evidence presented to the City Council during
the public hearing conducted with regard to the Application, including written staff reports
and verbal testimony, the City Council hereby specifically finds as follows:
a. That the proposed amendments and additions are consistent with the City's
General Plan Land Use Designations and the Zoning Designations and applicable
Development Standards of zones, in that the implementation of the proposed uses are
permitted in such zones by right or subject to a conditional use permit.
b. That the existing regulations regarding personal services and clinics in the
Irwindale Municipal Code require that they be subject to a conditional use permit. The
proposed amendments to the Code will provide a foundation to ensure that staff is able to
review these proposed uses and process the applicable review documents without having
Ordinance No. 716
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to obtain a decision from the Planning Commission. The proposed changes are relevant to
personal services, such as nail salons, barbershops, beauty salons and cosmetologists as
well as clinics (medical and dental). These changes will help streamline the review process
and reduce the number of discretionary applications required for such low -impact uses.
SECTION 4. Section 17.08.117 of Chapter 17.08 of Title 7 of the Irwindale
Municipal Code is hereby added to establish a definition for the term "Clinic" which shall
read as follows:
17.08.117 — Clinic.
A group of medical practitioners working in cooperation and sharing the same
facilities."
SECTION 5. Section 17.08.375 of Chapter 17.08 of Title 7 of the Irwindale
Municipal Code, which defines the term "Medical clinic," is hereby deleted in its entirety.
SECTION 6. Section 17.08.411 of Chapter 17.08 of Title 7 of the Irwindale
Municipal Code is hereby amended in its entirety to read as follows:
17.08.411 — Personal Services.
An operation engaged primarily in providing services involving the care of a person
or apparel, such as; shoe repairs, laundry and dry-cleaning, beauty and barbershops,
clothing/costume rental, tanning, other personal grooming facilities and domestic assistance
services. This does not include massage parlors, tattooing, piercing and similar services,
massage day/health spas, nor funeral services."
SECTION 7. Subsection 17 of subsection A of Section 17.32.010 of Chapter 17.32
of Title 7 of the Irwindale Municipal Code is hereby added to read as follows:
"The following uses are permitted in the C -P zone:
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. Personal Services;
Ordinance No. 716
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17. Persons practicing the healing arts for human beings; and related uses such as
oculists; prescription pharmacies; biochemical laboratories; and X-ray
laboratories."
SECTION 8. Section 17.32.012 of Chapter 17.32 of Title 7 of the Irwindale
Municipal Code is hereby amended in its entirety to read as follows:
"17.32.012 - 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. Check -cashing services,
B. Day/health spa,
C. Funeral parlors,
D. Massage,
E. Pest control operators,
F. Tattooing, piercing and similar services,
G. Veterinarians."
SECTION 9. Section 17.36.010 of Chapter 17.36 of Title 7 of the Irwindale
Municipal Code is hereby amended to add "Clinic' as a permitted use in its entirety to read
as follows:
"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. Clinic;
9. Clothing stores (no outside display);
10. Dress or millinery shops, retail sale only;
11. Dry goods or notions stores, retail sale only;
12. Drugstores;
13. Drycleaning establishments, including coin-operated machines, retail only;
14. Employment agencies;
15. Florist shops;
16. Gift shops;
17. Grocery or fruit stores, (including off -sale
display);
18. Hardware stores (no outside display);
liquor) retail sale only (no outside
Ordinance No. 716
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19. Hobby shops;
20. Jewelry stores;
21. Laundromat, self-service and automatically equipped;
22. Locksmith stores;
23. Manufacturer's agents;
24. Offices, business and professional;
25. Paint stores, retail sale only;
26. Pet shops;
27. Photographic shops and studios;
28. Radio and television stores, sale and repair;
29. Real estate offices;
30. Sales offices (no outside shops);
31. Shoe stores or shoe repair shops;
32. Tailors;
33. Telephone exchanges;
34. Toy stores;
35. Tile, retail sale of glazed and ornamental tile."
SECTION 10. Section 17.36.015 of Chapter 17.36 of Title 7 of the Irwindale
Municipal Code is hereby amended in its entirety to read as follows:
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 zone
shall not be permitted unless a conditional use permit authorizing such use has been
granted.
1. 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;
2. Restaurants, cafes and refreshment stands;
3. Tobacco stores."
SECTION 11. 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 12. 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.
Ordinance No. 716
Page 5
PASSED, APPROVED AND ADOPTED on the 13" day of Dece;bdr' 2017.
Mark A. Breceda, Mayor
ATTEST:
(5d r
Laura M,ieto, CMC
Chief Dep ty City Clerk
STATE OF CALIFORNIA }
COUNTY OF LOS ANGELES }ss.
CITY OF IRWINDALE }
I, Laura M. Nieto, Chief Deputy City Clerk of the City of Irwindale, do hereby certify that
the foregoing Ordinance No. 716 was introduced for first reading at a special meeting
held November 8, 2017 and duly adopted by the City Council of the City of Irwindale, at
a regular meeting held on the 13th day of December 2017, by the following vote:
AYES: Councilmembers: Ambriz, Burrola, Garcia, Ortiz, Mayor Breceda
NOES: Councilmembers: None
ABSENT: Councilmembers: None
ABSTAIN: Councilmembers: None
(�J'4r
Laura M. Ni to, MMC
Chief Deput City Clerk
AFFIDAVIT OF POSTING
I, Laura M. Nieto, Chief Deputy City Clerk, certify that I caused a copy of Ordinance No. 716
adopted by the City Council of the City of Irwindale at its regular meeting held December 13,
2017, to be posted at the City Hall, Library, and Post Office on December 14, 2017.
C , Dated: 2 01 y/ 2 0 17
Laura M. Nie o, MMC
Chief De y City Clerk
Ordinance No. 716
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