HomeMy Public PortalAboutOrdinance 75-4240
ORDINANCE NO. 75 -424
AN ORDINANCE OF THE CITY OF TEMPLE CITY
RELATING TO THE APPROPRIATE ZONING FOR
"ADULT BUSINESSES" AND DECLARING THIS
ORDINANCE TO BE IMMEDIATELY EFFECTIVE
THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DOES ORDAIN:
SECTION 1. The City Council finds and determines that the
Planning Department of this City has indicated that the present
controls relating to the appropriate zoning of "adult businesses"
are inadequate to meet the special conditions relating to such
uses, including problems relating to litter, traffic, parking,
hours of operation, noise, congestion, public nuisance, deprecia-
tion of property values, and other matters relating to the public
health, safety and welfare.
SECTION 2. The City Council further finds and determines
that it is necessary, while the Planning Department and Planning
Commission are completing studies concerning the appropriate regu-
lations for such uses, to impose interim controls pursuant to the
provisions of Section 65858 of the Government Code.
SECTION 3. This Ordinance shall remain in effect for a period
of 120 days, and during such period all Ordinances inconsistent
with the provisions hereof shall be suspended and superseded by this
Ordinance; and, the Building Inspector and zoning officials shall
permit no uses inconsistent with the terms of this Ordinance.
SECTION 4. The following regulations are hereby enacted pur-
suant to the terms of Section 65858 of the Government Code:
A. An "adult business" is hereby defined as any
business which is conducted exclusively for the patron-
age of adults, from the premises of which minors are
specifically excluded", such,as adult book stores, adult
motion pictures, adult entertainment, adult education
and other exclusively adult activities.
B. "Adult businesses" are prohibited uses and
shall not be permitted anywhere in the City.
C. In the event the prohibition provided by sub-
paragraph B is held by any court of competent juris-
diction to be invalid; then such prohibition shall apply
to those locations situated within 200 feet of any resi-
dential property.
'D. In the event any prohibition provided in sub-
paragraph B or C is held by any court of competent
jurisdiction to be invalid or inapplicable; then such
use or uses shall ipso facto, immediately, and-auto-
matically be classified as .a conditional use requiring
a Conditional Use Permit pursuant to the provisions of
the Zoning Code of this City.
SECTION 5. This Ordinance is enacted as an urgency Ordi-
nance for the reasons set forth in Section 1, and upon a further
finding by the City Council that to permit such uses without
appropriate controls would be contrary to the health, safety and
welfare of the residents of this community. Accordingly, this
Ordinance shall become effective immediately.
SECTION 6. This Ordinance shall become immediately effective
pursuant to"the provisions of Section 65858 of the Government Code
and for the reason -s above stated, and is adopted pursuant to the
authority. of Anderson v. Pleasant Hills, 229 CA 2d 79; Metro
Realt v. Count ;,o E Dora o, CA d 508; Hunter v. Adams, 180
CA • 1 �G Ops and'Slater v. Los Ange es, 38 C 864;
West Coast Adv. v. San Francisco, Z56`CA.2d 357; and Candelstick v.
San Francisco Ba Conservation and Develo'•ment Commission, 11 CA 3d
Richfield v. Board, 40 CA 3d 1059.
557, Atlantic
1
Ordinance No. 75 -424
SECTION 7. The City Clerk of the City of Temple City shall
certify to the passage and adoption of this Ordinance and to its
approval by the Mayor, and shall cause the same to be printed and
published once in the Temple City Times, a weekly newspaper of
general circulation, printed, published and circulated in said
City.
APPROVED and ADOPTED this 4th day of November, 1975.
ATTEST:
iJJI...
= Deputy City C er
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss,
CITY OF TEMPLE CITY )
1, Chief Deputy City Clerk of the City of Temple City, do
hereby certify that the foregoing Ordinance, being Ordinance No.
75 -424, was introduced as an urgency ordinance at a regular
meeting of the City Council of the City of Temple City, held on
the 4th day of November, 1975, and was duly passed, approved and
adopted by said Council, approved and signed by the Mayor and
attested by the City Clerk by the following vote:
AYES: Councilmen- Dennis, Greenberg, Merritt, Tyrell, Gilbertson
NOES: Councilmen -None
ABSENT: Councilmen -None
Deputy City C er