ITEM 8-F
City Council Meeting 11-22-94 Santa Monica, 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
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
ORDINANCE NUMBER ____ (CCS)
(City Council Series)
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. Findings and Purpose. The City Council finds
and declares:
(a) At its August 11, 1992 City Council
meeting, the City Council initiated the
process of establishing a Bayside 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 directed
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 specific zoning ordinances regulating
permitted uses and property development
standards in the District consistent 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
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 additional administrative
approvals, development review permits,
conditional use permits, business licenses,
building 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 Zoning.
The Planning Commission and City staff are directed to
disapprove all requests for the issuance of building permits,
administrative approvals, development review permits, conditional
use permits, business licenses or any other City approvals for
the establishment of new pawnbroker uses in 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
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 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
Municipal Code, and the need for its adoption is set forth in the
Findings and Purpose Section above.
SECTION 8. 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 any 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.
SECTION 9. 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 official newspaper
within 15 days after its adoption. This Ordinance shall be
effective thirty days after its adoption.
APPROVED AS TO FORM:
______________________________
MARSHA JONES MOUTRIE
City Attorney