SR-8-F (6)
CA:f:\atty\muni\strpts\mhs\pawnmor1
city council Meeting 11-22-94
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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
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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
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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
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,
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,
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,
.
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.
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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
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