sr-041409-7bc7®
~;tYOf City Council Report
Santa Monica
City Council Meeting: April 14, 2009
Agenda Item: ~ ~J
To: Mayor and City Council
From: Eileen Fogarty, Director of Planning & Community Development
Subject: Introduction and First Reading of an Interim Ordinance Amending Santa
Monica Municipal Code Sections 9.04.08.18.020 and 9.04.08.20.020 to
Add Pawnbrokers as a Permitted Use in the C3 Downtown Commercial
and C3-C Downtown Overlay Districts.
Recommended Action
Staff recommends that the City Council introduce for first reading the attached interim
ordinance.
Executive Summary
On March 24, 2009, the City Council directed staff to prepare an interim ordinance that
would allow pawnbrokers as permitted uses in the C3 Downtown Commercial and C3-C
Downtown Overlay districts. In directing staff to prepare the interim ordinance, the
Council is responding to the inability of existing downtown pawnbrokers to re-locate in
any area of the downtown other than the BSC Bayside District. The Zoning Ordinance
permits pawnbrokers in the BSC district but not the C3 or C3-C district, which
significantly limits the sites available for relocating longstanding and viable businesses.
Background
In these challenging economic times, it is important to retain downtown businesses to
support the economic stability of the City. Existing downtown businesses need flexibility
to re-locate elsewhere in the downtown where their customer base has been
established. Recently, this issue came to light when the owner of Angelo's Pawn Shop,
located at 206 Santa Monica Boulevard, brought to the Council's attention that his
business is being forced to re-locate due to the re-development of the Mayfair Theater.
Under current Zoning Code, pawnshops are only permitted in the BSC Bayside District,
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which is bound by Broadway to the south, 1St Court to the west, Wilshire Boulevard to
the north and 4th Court to the east. The owner of the pawnshop has indicated to staff
and the Council that he is unable to find a suitable site for the re-location of his business
due to this restriction. By amending the Code to permit pawnbrokers in the C3 and C3-C
districts, he can keep his downtown business location and retain his customer base.
After deliberation at their meeting of March 24th, the Council addressed this issue by
directing staff to draft an interim ordinance that would permit pawnshops throughout the
downtown, including the C3 and C3-C districts
Discussion
Pawnshops have traditionally been located in the downtown. In fact, a second
pawnshop, Ace Jewelry and Loan at 1334 5th Street, operated as a legal,
nonconforming use in the C3-C district until October 2007. Expanding the sites within
the downtown where pawnshops would be permitted, specifically into the C3 and C3-C
districts, would give greater flexibility to pawnshop operators and still be consistent with
the City's existing approach to this type of use. The downtown districts (BSC, C3, and
C3-C) have the same general intent and purpose in the Zoning Ordinance and Land
Use Element: combining a high concentration of activity with uses that serve abroad
spectrum of people. SMMC Section 6.14.060(1) limits the total number of pawnbrokers
City-wide to four so an overconcentration of such uses is not likely to occur in the
downtown.
Public Outreach
Notice of the proposed ordinance amendment and the Council hearing was published in
the Santa Monica Daily Press a minimum of 10 days prior to the hearing.
Alternatives
Alternatives that the City Council may consider include:
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1. Eliminate or modify specific components of the ordinance, specifically where
pawnbrokers may be permitted uses.
2. Allow pawnbrokers in the C3 and C3-C districts, subject to a Conditional Use
Permit.
Environmental Analysis
The proposed interim ordinance is exempt from the provisions of the California
Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the State
Implementation Guidelines in that CEQA applies only to projects having the potential to
cause a significant effect on the environment. The interim ordinance merely expands
the locations where pawnbrokers may be located as permitted uses within the City's
commercial downtown area.
Financial Impact & Budget Actions
The recommendation in this report does not have any budget or fiscal impacts.
Prepared by:
Paul Foley, Principal Planner
Approved: Forwarded to Council:
Development
Attachments:
Exhibit A: Interim Ordinance
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EXHIBIT A
Interim Ordinance
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City Council Meeting 4 -14-09
Santa Monica, California
ORDINANCE NUMBER (CCS)
(City Council Series)
AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTIONS 9.04.08.18.020
AND 9.04.08.20.020 TO PERMIT PAWNBROKERS AS PERMITTED USES IN THE C3
DOWNTOWN COMMERCIAL AND C3-C DOWNTOWN OVERLAY DISTRICTS
WHEREAS, under current Zoning Ordinance provisions, pawnbrokers may
lawfully locate only in the BSC Bayside.District; and
WHEREAS, there is lack of suitable and available sites in the BSC district; and
WHEREAS, the broader downtown area, which includes the C3 Downtown
Commercial and C3-C Downtown Overlay districts, provides an appropriate location for
pawnbrokers in addition to the BSC district area; and
WHEREAS, permitting pawnbrokers in the C3 and C3-C districts is consistent
with the general intent and purpose in the Zoning Ordinance and Land Use Element in
that the uses in these districts are intended to provide a high concentration of activity
with uses that serve a broad spectrum of people.
NOW, THEREFORE, THE COUNCIL OF THE CITY OF SANTA MONICA DOES
HEREBY ORDAIN AS FOLLOWS:
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SECTION 1. Santa Monica Municipal Code Section 9.04.08.18.020 is hereby
amended to read as follows:
C3 Downtown Commercial District
9.04.08.18.020 Permitted uses.
The following convenience goods and service type uses shall be permitted in the
C3 District, if conducted within an enclosed building, except where otherwise permitted:
(a) Art galleries.
(b) Artist studios above the first floor.
(c) Auditoriums.
(d) Bakeries.
(e) Banks and savings and loan institutions.
(f) Barber or beauty shops.
(g) Business colleges.
(h) Cleaners.
(i) Child day care centers.
Q) Congregate housing.
(k) Dance studios.
(I) Domestic violence shelters.
(m) Electric distribution substations.
(n) Exercise facilities.
(o) General offices.
(p) General retail and specialized retail uses.
(q) Homeless shelters with Tess than fifty-five beds.
(r) Hotels and motels.
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(s) Laundromats.
(t) Medical, dental and optometrist clinics and laboratories.
(u) Medical equipment rentals.
(v) Multifamily dwelling units.
(w) Museums.
(x) Outdoor newsstands.
(y) Party equipment rentals.
(z) Pawnbrokers
(aa) (z)Photocopy shops.
(bb)(aa) Places of worship.
(cc)(#~b} Restaurants.
(dd)(c~} Senior group housing.
(ee)(dd) Senior housing.
(ff)(ee) Sidewalk cafes not more than two hundred square feet in area,
subject to the limitations contained in Section 9.04.10.02.460.
(gg)(#~ Single-family dwelling units.
(hh)(gg) Single-room occupancy housing.
(ii)(##)Tailors.
(jj)(i+) Theaters.
(kk)(j}) Trade schools.
(II)(kk) Transitional housing.
(mm~4} Variety stores.
(nn~(mm) Accessory uses which are determined by the Zoning Administrator to
be necessary and customarily associated with and appropriate, incidental, and
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subordinate to, the principal permitted uses and which are consistent and not more
disturbing or disruptive than permitted uses.
(oo}{~ Other uses determined by the Zoning Administrator to be similar to
those listed above and which are consistent and not more disturbing or disruptive than
permitted uses.
SECTION 2. Santa Monica Municipal Code Section 9.04.08.20.020 is hereby
amended to read as follows:
C3-C Downtown Overlay District
9.04.08.20.020 Permitted uses.
The following convenience goods and service type uses shall be permitted in the
C-3C District, if conducted within an enclosed building, except where otherwise
permitted:
(a) Art galleries.
(b) Artist studios above the first floor.
(c) Appliance repair shops.
(d) Bakeries.
(e) Banks and savings and loan institutions.
(f) Barber or beauty shops.
(g) Business colleges.
(h) Child day care centers.
(i) Cleaners.
(j) Congregate housing.
(k) Cultural facilities.
(I) Dance studios.
(m) Domestic violence shelters.
(n) Electric distribution substations.
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(o) Exercise facilities.
(p) General offices above the first floor and first floor offices not at the street
frontage.
(q) General retail.
(r) Health equipment rentals.
(s) Homeless shelters with less than fifty-five beds.
(t) Exercise facilities.
(u) Laundromats.
(v) Medical, dental and optometrist clinics and laboratories.
(w) Multifamily dwelling units.
(x) Museums.
(y) Outdoor newsstands.
(z) Party equipment rentals.
(aa) Pawnbrokers
(bb)(aa)Photocopy shops.
(cc)(~) Places of worship.
(dd)(ss) Restaurants.
(ee)(d~4) Senior group housing.
(ff)(ee) Senior housing.
(gg)(#13 Sidewalk cafes not more than two hundred square feet in area,
subject to the limitations contained in Section 9.04.10.02.460.
(hh)(gg) Single-family dwelling units.
(ii)(##)Single-room occupancy housing.
Qj)(1+) Small appliance stores.
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(kk)(jj) Tailors..
(II)(IEk) Theaters.
(mm)(A) Trade schools.
(nn)(+) Transitional housing.
(oo)(aa) Variety stores.
(pp)(ee) Accessory uses which are determined by the Zoning Administrator
to be necessary and customarily associated with, and appropriate, incidental, and
subordinate to, the principal permitted uses and which are consistent and not more
disturbing or disruptive than permitted uses.
(qq)(~} Other uses determined by the Zoning Administrator to be similar to
those listed above and which are consistent and not more disturbing or disruptive. than
permitted uses.
SECTION 3. This ordinance shall be of no further force and effect after sixty
days from its adoption.
SECTION 4. 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, is hereby repealed or modified to that extent necessary
to effect the provisions of this Ordinance.
SECTION 5. If any section, subsection, sentence, clause, or phrase of this
Ordinance is for any reason held to be invalid or unconstitutional by a decision of any
court of competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. 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 ordinance would be subsequently declared invalid or unconstitutional.
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SECTION 6. The Mayor shall sign and the City Clerk shall attest to the passage
of this Ordinance. The City Clerk shall cause the same to be published once in the
APPROVED AS TO FORM:
official newspaper within 15 days after its adoption. This Ordinance shall become
effective upon adoption.
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MA , H JO MOUT
City orne
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