SR-8-B (77)
CA:f:\atty\mun1\strpts\mhs\pawnmorl
City council Meeting 11-29-94
Santa Monica,
88
NOV 2 9 199't
California
TO: Mayor and city council
FROM: City Attorney
SUBJECT: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA PROHIBITNG PAWNBROKERS IN SPECIFIED PORTIONS OF
THE C3 AND C3C DISTRICTS ON AN INTERIM BASIS AND
DECLARING THE PRESENCE OF AN EMERGENCY
At its meet1ng on November 15, 1994, the C1ty Council directed the
City Attorney to prepare an Ordinance proh1biting pawnbrokers in
the proposed Bayside Distr1ct on an inter1m basis. The ordinance
is now presented to the city Council for adopt1on as an emergency
ordinance.
RECOMMENDATION
It lS respectfully recommended that the accompanying ordinance be
adopted.
PREPARED BY:
Marsha Jones Moutrie, C1ty Attorney
Mary H. strobel, Deputy city Attorney
NOV 2 9 ~
88
CA:f:\atty\muni\laws\mhs\pawnmor
city council Meeting 11-29-94
Santa Monlca, Californla
ORDINANCE NUMBER (CCS)
(City Council Serles)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA PROHIBITING PAWNBROKERS
IN SPECIFIED PORTIONS OF THE C3
AND C3C DISTRICTS ON AN INTERIM BASIS
AND DECLARING THE PRESENCE OF AN EMERGENCY
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS
FOLLOWS:
SECTION 1. Findinqs and Purpose. The city Council finds and
declares:
(a) At lts August 11, 1992 Clty Council
meeting,
the city Council initiated the
process of establishlng a Bayslde Distrlct
zon1.ng
dlstrict
(" Distr ict II)
wh1.ch w1.l1
encompass portions of the current C3 and C3C
zoning districts.
Slnce that meeting, an
Environmental Impact Report concerning the
proposed Bayside District Specific Plan has
been prepared, and the Bayside Distr1.ct
Speciflc Plan is scheduled for consideration
by the Plannlng commission on November 30,
1994.
(b) At its November 15,
1994 Cl ty
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Council meeting, the C~ ty Counc~l directed
staff to consider proh~b~t~ng pawnbrokers ~n
the Bayside District, as part of the Bayslde
District Specific plan under review. Further
action is needed by the Clty Council to
establish the Bays~de District zoning district
and to adopt the Bayside Dlstrict Specific
Plan. Further, the City Council will consider
at a later meeting the adoption of specif~c
zoning ordinances regulating perm~ tted uses
and property development standards ~n the
District consistent with the SpecifIc Plan.
(c) If current development activity is
allowed to continue ~n the Distrl.ct pendl.ng
such final approval, pawnbroker establlshments
incompatlble wlth the proposed Bayslde
DistrJ.ct Specific plan and zonlng ordinance
implementation will occur.
(d) Pending the establishment of the
Bayside District and adoption of changes to
the zoning ordinance implementing the
provis1ons of the Bayslde DIstrict Specific
Plan, it is necessary on an 1nterJ.m basis to
prohibit the establishment of pawnbrokers In
the Bayside District. The City wlshes to
prohibit the creation of pawnbroker
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establ1shments 1n the D1strict as potent1ally
incompat1ble w1th the m1X of uses to be
encouraged by the adopt1on of the Spec1fic
Plan. There is also a risk that pawnbroker
estab11shments will unduly burden law
enforcement resources in the Bays1de District.
Because of these reasons, there exists a
current and immediate threat to the publ1C
health, safety, or welfare, and the approval
of add1tional admin1strative approvals,
development rev~ew perm~ ts, cond~ tional use
permits, business licenses, bU11ding permits,
or any other applicable ent1tlement for
pawnbroker uses in the Bays1de D1strlct would
result ln a threat to public health, safety,
or welfare.
SECTION 2. Definitions. The following words or phrases as
uses in this Ordinance shall have the following meanings:
Proposed Bayside District: That area
bounded by Wilsh1re Boulevard on the north,
Broadway on the south, Fourth Court Alley on
the east, and First Court Alley on the west.
SECTION 3. Interlrn Zoninq.
The Planning Commisslon and City staff are directed to
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disapprove all requests for the lssuance of building perml ts,
administrative approvals, development reVlew permits, condltlonal
use permits, business licenses or any other City approvals for the
establishment of new pawnbroker uses ln the Proposed Bayside
Dlstrict, except as exempted under Sectlon 4.
SECTION 4. Exemptions. This Ordinance shall not apply to any
pawnbroker who has a business llcense to operate In the Proposed
Bayside Distrlct as of the effective date of thls Ordinance.
SECTION 5. This Ordinance shall be of no further force or
forty-flve days from its adoption, unless extended In the manner
required by law.
SECTION 6. Any provision of the Santa MonIca Municipal Code
or appendIces thereto, Inconsistent with the provisions of this
Ordinance, to the extent of such inconsistencies and no further,
are hereby repealed or modIfied to that extent necessary to effect
the provlslons of this Ordinance.
SECTION 7. This Ordinance is an emergency ordinance adopted
pursuant to the prOVIsions of SectIon 615 of the CIty Charter and
section 9.04.20.16.060 of the Santa MonIca Municipal Code. It is
necessary for preserving the public peace, health, or safety, and
the reasons for its urgency are set forth in the FIndlngs and
Purpose section above.
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SECTION 8. If any section, subsectlon, sentence, clause, or
phrase of th1s ordinance 1S for any reason held to be 1nvalid or
unconsti tutional by a declslon of any court of any competent
jurisdiction, such declslon shall not affect the valIdity of the
remaining portions of this ordinance. The CIty Council hereby
declares that lt would have passed this Ordinance, and each and
every section, subsectlon, sentence, clause, or phrase not declared
Invalid or unconstitutlonal without regard to whether any portion
of the Ordinance would be subsequently declared lnvalld or
unconstitutional.
SECTION 9.
The Mayor shall sign and the city Clerk shall
attest to the passage of this Ordinance.
The Cl ty Clerk shall
cause the same to be publlshed once In the off ic~al newspaper
wi thin 15 days after J.ts adoption.
This OrdInance shall be
effective upon its adoption.
APPROVED AS TO FORM:
fu-lA ~ 1/J-A? /luu-iu,
MARSHA JON~S MOUTRIE
ci ty Attorn'ey
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