Ordinance No. 544 - Adult BusinessesORDINANCE NO.'544U
AN ORDINANCE OF THE CITY OF ROSEMEAD EXTENDING A
MORATORIUM ON THE APPROVAL OF ALL ZONING AND
INSPECTION OF ALL ADULT BUSINESSES IN THE CITY
OF ROSEMEAD AND DECLARING THE PRESENCE OF AN
EMERGENCY
THE CITY COUNCIL OF THE CITY OF ROSEMEAD DOES HEREBY ORDAIN
AS FOLLOWS:
SECTION'l.`. RECITALS:' the Cify Council hereby finds, deter-
mines'and'declares as follows:
(a)''-0n May 26, 1981, the City Council enacted='Ordinance
No:.530, establishing a moratorium on the approval of 'all
zoning and inspection of all adul£ businesses in the City of
Rosemead.'`
(b) On SeptemS6r.`22.,' 1981; :the'City Council enacted
Ordinance No. 538;'extending the moratoriumifor a period
of eight'(8)'months in'order 'to give the'Planning Commission
and City'Council sufficient time' to conduct'publ'ic hearings.
(c) 'S'ince the enactment of said Ordinance No. 538, the
O Planning Commission and City Council have had to respond to
a number of'major'City=wide ',zoning and land.use issues; to
include:
(1) the'preparation'and adoption'of'the Housing Ele-
~`!menCof the General "Plan in accordance with State man-
date and law.
(2). the preparation 'of a Condominium Ordinance, which
required seventeen public`studyFsessions;
(3) the preparation of a Manufactured Housing Ordinance
in response'to State Law and time constraints:
C k: .
(4) the preparation of Planned.Development Amendments
to clarify the intent and meaning•of'an important zon-
"ing designation.
'(d)" There presently exists serious'end'unresolved
questions and 'issues' regarding adul't' busines'se's within ~ the
City ofrROsemead.
(e) That 'it -is necessary to `extend the moratorium for
a period not to exceed 365.days,,,or one ,year,. in order to
give .the Planning' Commission and City Council sufficient time
to conduct the necessary studies and required public hearings.
(f) That ,a duly noticed Public, Hearing was he,ld'.on-
May 11, 1982,-for the purpose of consideration of.an'exten-
sion of the moratorium imposed by Ordinance'No. 538.
SECTION 2." Defini't16n's. The following.words"'and phrases
shall, for'the purpose of'this ordinance be defined as follows:
(a) Adult' book' store shall mean an establishment
having a substantial or significant,portion of-its stock
in trade, material which is distinquished or characterized
by its empliasis on matter depicting, describing, or related
to specified sexual activity or specified anatomical areas,
or an establishment with a segment or section thereof de-
voted to the sale or display of such material.
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the approval of any use permit, business license or occupancy
permit for adult businesses in;the City of-'Rosemead, and.was
subsequently extended by Ordinance No. 538, is.hereby extended
for a period.of.365 days, or one year, from.the date of.adoption
of this ordinance unless sooner repealed.
SECTION 4. Proposed regulations for adult businesses are
included in the revised Rosemead Zoning Code which is pending
before the Planning Commission.
SECTION 5. ' The City Council finds and determines that the
moratorium must be imposed in order to preserve the public health
and safety of all the residents and business persons in Rosemead
pending the adoption of proposed regulations by the Planning Com-
mission and City Council. The moratorium is designed to preserve
the status.quo pending the review and adoption of these regulations.
SECTION 6. Any provision of the Rosemead Municipal Code
inconsistent herewith, to the extent of such inconsistencies,and
no further,is hereby suspended for the type of use described herein
during the moratorium period..
SECTION 7. If any provision of this ordinance is held to
be unconstitutional, it is the intent of the City Council that.,
such portion of this ordinance be severable from the remainder
and that the remainder be given full force and effect.
SECTION 8. The City Council hereby finds and determines
that proposed adult business regulations may have an impact on
the business revitalization program.undertaken in the City of
Rosemead. The City Council, concurrent with the adoption of
this ordinance, has,requested the City's economic consultant to
• review and advise on the proposed regulations.
SECTION 9. Under no circumstance is this ordinance to be
interpreted to apply to any, adult business which has already re-
ceived approval by the Planning Commission or the City Council.
SECTION 10.. This Ordinance'is declared,to be an emergency
measure adopted pursuant to the provisions of Government Code
Section 65858 and is necessary for preserving the public peace,
health, or safety and the urgency for its adoption is as set
forth in the findings above.
SECTION
take effect
and.adoption
or one year,
• SECTION
and adoption
processed in
11. This ordinance extending the moratorium shall
and'b.e,in full force immediately after the passage
thereof and shall remain in effect for 365 days,.
from the date of adoption.
12. The City Clerk will certify to the passage
of this ordinance and shall cause the same to be
the manner required by law.
PASSED, APPROVED and ADOPTED this '11th day of ~ May
1982.
ATTEST: CMayor of the City of Rosemead
City Q~lerk