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CC - Public Hearing for Ordinance 714 - Internal File 024 TO: HONORABLE MAYOR AND MEMBERS ROSEMEAD CITY COUNCIL FROM: FRANK G. TRIPEPI, CITY MANAGER DATE: DECEMBER 3, 1992 RE: PUBLIC HEARING TO CONSIDER URGENCY ORDINANCE NO. 714 WHICH WOULD EXTEND THE MORATORIUM ON THE ISSUANCE OF CONDITIONAL USE PERMITS AND BUSINESS LICENSES FOR ADULT BUSINESSES AND DIRECTING THE PLANNING DEPARTMENT TO INITIATE A STUDY WITH RESPECT TO DEVELOPING APPROPRIATE ZONING REGULATIONS GOVERNING SUCH USES At the regular City Council meeting of November 24, 1992, the City Council adopted an Urgency Ordinance calling for a moratorium on the issuance of licenses for adult businesses. Government Code calls for a public hearing on such items within 45 days after the Urgency ordinances are adopted. Approval of the attached Ordinance will extend the moratorium for a period of 10 months and 15 days from the adoption hereof. RECOMMENDATION It is recommended that after receiving public input, that the Rosemead City Council adopt Ordinance No. 714, extending Ordinance No. 712 regarding adult businesses and declaring the urgency thereof. FGT:nv A:120892N:27 `c COUNCIL AGENDA p SEC 0 8.'1992 ` ITEM No. A \ ORDINANCE NO. 714 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD EXTENDING ORDINANCE NO. 712 REGARDING ADULT BUSINESSES AND DECLARING THE URGENCY THEREOF THE CITY COUNCIL OF THE CITY OF ROSEMEAD DOES ORDAIN AS FOLLOWS: SECTION 1. The City Council finds, determines and declares: (A) On November 24, 1992, the City Council considered and unanimously passed Ordinance No. 712 which imposed a 45-day moratorium on the establishment of adult businesses in the City; and (S) In order to continue Ordinance No. 712 in effect it is necessary to adopt this Ordinance extending Ordinance No. 712 for an additional ten months and fifteen days. SECTION 2. Ordinance No. 712, duly adopted by the City Council on November 24, 1992, is hereby extended for the period of ten months and fifteen days from the date of adoption hereof. SECTION 3. Urgency Clause. Pursuant to Government Code S 65858 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 moratorium continued by this ordinance is enacted to protect and preserve the public health, safety and welfare of the local business community and residents of the community pending completion of a Planning Department review of this subject. The City currently does not have a regulatory framework in which to consider the proper location and regulation of such businesses`. This lack of regulations is a current and immediate threat to the public welfare, and the approval of permits for such uses without proper review would result in a threat to the public welfare. PASSED, APPROVED and ADOPTED this 8th day of December, 1992. Margaret Clark, Mayor City of Rosemead ATTEST: Janice Warner, CMC City Clerk APPROVED CITY OF ROSENIEAD MINUTES OF THE REGULAR MEETING DATE ROSEMEAD CITY COUNCIL DECEMBER 8, 1992 RY The Regular Meeting of the Rosemead City Council was called to order by Mayor Clark at 8:05 p.m. in the Council Chambers of City Hall, 8838 E. Valley Boulevard, Rosemead, California. The Pledge to the Flag was led by Councilman Vasquez. The Invocation was delivered by City Treasurer Hugh Foutz. ROLL CALL OF OFFICERS: Present: Councilman McDonald, Taylor, Vasquez, Mayor Pro Tem Bruesch, and Mayor Clark Absent: None PRESENTATIONS - None I. ORAL COMMUNICATIONS FROM THE AUDIENCE A. Frank Delia, 3727 Temple City Boulevard, asked questions regarding the vehicle license fees received by the City; the Sheriff's, Department service; communications between the City and the Sheriff's Department; and what classification of patrol cars are used by the Sheriff's Department. II. PUBLIC HEARINGS An explanation of the procedures for the conduct of public hearings was presented by the City Attorney. A. A PUBLIC HEARING TO CONSIDER URGENCY ORDINANCE NO. 714 WHICH WOULD EXTEND THE MORATORIUM ON THE ISSUANCE OF CONDITIONAL USE PERMITS AND BUSINESS LICENSES FOR ADULT BUSINESSES AND DIRECTING THE PLANNING DEPARTMENT TO INITIATE A STUDY WITH RESPECT TO DEVELOPING APPROPRIATE ZONING REGULATIONS GOVERNING SUCH USES The Mayor opened the public hearing. Juan Nunez, 2702 Del Mar Avenue, asked the definition of adult business and stated the opinion that they would not be appropriate in the City of Rosemead. There being no one else wishing to speak, the public hearing was closed. The following urgency ordinance was presented to the Council for adoption: ORDINANCE NO. 714 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD EXTENDING ORDINANCE NO. 712 REGARDING ADULT BUSINESSES AND DECLARING THE URGENCY THEREOF MOTION BY MAYOR PRO TEM BRUESCH, SECOND BY COUNCILMAN TAYLOR that Urgency Ordinance No. 714 be adopted. Vote resulted: Yes: Bruesch, Taylor, Clark, Vasquez, McDonald No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. B. A PUBLIC HEARING TO CONSIDER ORDINANCE NO. 715 REGARDING A REQUEST FROM NOLA PEARSON TO CHANGE THE UNDERLYING ZONING DESIGNATION FROM M-1 (MANUFACTURING AND INDUSTRIAL) FROM R-1 (LOW DENSITY RESIDENTIAL) FOR THE PROPERTY LOCATED AT 2714 STINGLE AVENUE, ROSEMEAD CC 12-8-92 Page #1