Ordinance No. 652 - Alcoholic Beverage SalesORDINANCE NO. 652
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ROSEMEAD AMENDING THE ZONING
CODE BY THE ADOPTION OF NEW STANDARDS
FOR THE CONSIDERATION OF CONDITIONAL USE
PERMITS FOR ON OR OFF-SALE ALCOHOLIC
BEVERAGE SALES
THE CITY COUNCIL OF THE CITY OF ROSEMEAD DOES ORDAIN AS
FOLLOWS:
Section 1. The City Council hereby declares its intent to control, through close
scrutiny of applications, conditional use permits seeking authorization to sell alcoholic
beverages in the City.
Section 2. New Section 9184 (B) is hereby added to the Rosemead Zoning Code
as follows:
9184 (B) FINDINGS NECESSARY FOR ISSUANCE OF A
CONDITIONAL USE PERMIT FOR ALCOHOLIC
BEVERAGE SALES; BURDEN OF PROOF
• (1) In addition to the general findings required for the issuance
of a conditional use permit, the Planning Commission, or on appeal, the
City Council, shall find that each of the following facts or conditions exist,
prior to the issuance of a new conditional use permit authorizing the sale
of alcoholic beverages:
(A) The proposed use complies with all
requirements as set forth for the issuance of a Conditional
Use Permit.
(B) The proposed use will not present problems
including, but not limited to, loitering, obstruction of
pedestrian traffic, vehicular traffic, parking, crime,
interference with children on their way to school,
interference with shoppers using streets, defacement and
• damage to structures.
(C) The proposed use will not lessen the suitability
of any nearby commercially-zoned properties for commercial
use.
(D) The use shall not adversely affect the welfare
of area residents or result in undue concentration in the
neighborhood of establishments dispensing alcoholic
beverages including beer and wine. Consideration shall be
given regarding whether the proposed use will detrimentally
affect nearby residentially-zoned communities, considering
distance to residential buildings, churches, schools, hospitals,
public playgrounds, and other establishments dispensing
alcoholic beverages.
(2) The burden of proving that the proposed use will not
adversely affect the welfare of nearby residents, result in undue
concentration of alcoholic beverage outlets, or detrimentally affect nearby
residentially-zoned communities shall be the applicant's.
(3) This section shall not be applicable to applications necessitated
by a change in ownership. This section shall not be applicable to the
review process for extensions of existing conditional use permits.
Section 3. Pursuant to Government Code § 36937 (b) this is an urgency
ordinance, which shall take effect immediately on passage. The facts constituting the
current and immediate threat to the public welfare necessitating an urgency ordinance
are as follows:
The City Council finds and determines that the additional findings
requirement imposed by this ordinance is enacted to protect and preserve
the public health, safety and welfare of the residents and local business
community. The Council has been aware of problems with the sale of
• alcoholic beverages, both on and off-sale, throughout the City. The
imposition of the additional requirement of these findings will allow the
Planning Department staff to study the impact thereof and make additional
recommendations for ordinance amendment. The City Council finds that
these additional findings will serve to focus the review of applications in a
uniform manner. This findings requirement is necessary, on a urgency
basis, due to the expiration of an interim moratorium on the acceptance of
such conditional use permit applications.
Section 4. The City Clerk shall certify to the adoption of this ordinance.
PASSED, APPROVED and ADOPTED this 10 day pf October, 1989.
e ~
0 MAYOR
ATTEST:
TY CLERK