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SR-8-F (6) CA:f:\atty\muni\strpts\mhs\pawnmor1 city council Meeting 11-22-94 8F Santa Monica, California NOV 2 2 199It 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 At its meeting on November 15, 1994, the City Council directed the City Attorney to prepare an Ordinance prohibiting pawnbrokers in the proposed Bayside District on an interim basis. The ordinance is now presented to the City Council for first reading. RECOMMENDATION It is respectfully recommended that the accompanying ordinance be introduced for first reading. PREPARED BY: Marsha Jones Moutrie, city Attorney Mary H. Strobel, Deputy City Attorney NOV 2 2 1991t 8F CA:f:\atty\muni\laws\mhs\pawnmor C1ty Council Meeting 11-22-94 Santa Monica, California ORDINANCE NUMBER (CCS) (City Council Ser1es) 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 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 its August 11, 1992 City council meeting, the C~ty Council initiated the process of establishing a Bays~de District zoning district ("District" ) which will encompass portions of the current C3 and C3C zoning districts. Since that meeting, an Environmental Impact Report concerning the proposed Bayside District Specific Plan has been prepared, and the Bayside District Specific Plan is scheduled for consideration by the Planning Commission on November 30, 1994. (b) At its November 15, 1994 city Council meeting, the City Council d1rected 1 staff to consider prohibiting pawnbrokers in the Bayside District, as part of the Bayside District Specific Plan under review. Further action is needed by the city Council to establish the Bayside District zoning district and to adopt the Bayside District Specific Plan. Further, the city Council will consider at a later meeting the adoption of spec~fic zoning ord.lnances regulating permitted uses and property development standards in the District conS.lstent with the Specific Plan. (c) If current development activity is allowed to continue in the District pending such final approval, pawnbroker establishments incompatible with the proposed Bayside District Specific Plan and zoning ordinance implementation will occur. (d) pending the establishment of the Bayside District and adoption of changes to the zoning ordinance implementing the provisions of the Bayside District Specific Plan, it is necessary on an interim basis to prohibit the establishment of pawnbrokers in the Bayside District, The City wishes to prohibit the creation of pawnbroker establishments in the District as potentially 2 , incompatible with the mix of uses to be encouraged by the adoption of the Specific Plan. There is also a risk that pawnbroker establishments will unduly burden law enforcement resources in the Bayside District. Because of these reasons, there exists a current and immediate threat to the public health, safety, or welfare, and the approval of actdltional adminlstrative approvals, development review permits, conditional use permits, business licenses, bU1lding permits, or any other applicable entitlement for pawnbroker uses in the Bayside District would result in 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 Wilshire Boulevard on the north, Broadway on the south, Fourth Court Alley on the east, and First Court Alley on the west. SECTION 3. Interim Zoninq, The Planning Commission and City staff are directed to dlsapprove all requests for the issuance of building permits, 3 , . adminlstrative approvals, development review permits, cond1t1onal use permits, business licenses or any other City approvals for the establishment of new pawnbroker uses ln the Proposed Bayside District, except as exempted under Section 4. SECTION 4. Exemptions. This Ordinance shall not apply to any pawnbroker who has a business license to operate in the Proposed Bayside District as of the effective date of this Ordinance. SECTION 5. This Ordinance shall be of no further force or forty-five days from its adoption, unless extended in the manner requlred by law. SECTION 6. Any provision of the Santa Monlca Municipal Code or appendices thereto, inconsistent with the provisions of this Ordlnance, to the extent of such inconslstencies and no further, are hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance. SECTION 7. This Ordinance is adopted pursuant to the provisions of Section 9.04.20.16.060 of the Santa Monica Municlpal Code, and the need for its adoption is set forth in the Findings and Purpose section above. 4 \ SECTION 8. If any section, subsection, sentence, clause, or phrase of thls Ordinance is for any reason held to be invalld or unconstitutional by a decision of any court of any competent jurlsdiction, such decision shall not affect the val~dity of the remaining portions of thls Ordlnance. The city council hereby declares that it would have passed this Ordinance, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordlnance would be subsequently declared invalid or unconstitutlonal. SECTION 9. The Mayor shall sign and the C~ ty Clerk shall attest to the passage of thlS Ordinance. The Cl ty Clerk shall cause the same to be published once in the official newspaper w1.thin 15 days after its adopt1.on. This Ordinance shall be effective thlrty days after its adoption, APPROVED AS TO FORM: h ,~~~fu-. ~R~ JONt~ MOUTRIE City AttorMy 5