HomeMy WebLinkAbout1475 - ORDINANCES - 6/15/1994 ORDINANCE NO. 1475
AN INTERIM ORDINANCE OF THE CITY OF PALM
SPRINGS, CALIFORNIA, TO RESTRICT THE
ESTABLISHMENT AND OPERATION OF PAWN SHOPS AND
CHECK CASHING FACILITIES, AND DECLARING THE
URGENCY THEREOF.
WHEREAS the Palm Springs Zoning Ordinance regulates the location of
pawn shops to certain zone districts (C-2 , C-M, M-1, M-1-P & M-2
zones) and specifically prohibits the establishment of such uses in
the Central Business District (C-B-D) Zone; and
WHEREAS the Palm Springs Zoning Ordinance does not expressly permit
the location of check cashing facilities; and
WHEREAS the City of Palm Springs has received requests to locate
pawn shops and check cashing facilities into zone districts wherein
they are not expressly permitted; and
WHEREAS the City Council finds that the proper regulation of pawn
shops and check cashing facilities must be established, including,
but not limited to, location.
NOW, THEREFORE, BE IT RESOLVED, THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS FOLLOWS :
SECTION 1. DECLARATION OF FACTS CONSTITUTING URGENCY. The City of
Palm Springs hereby finds that this Ordinance is required to
prevent a current and immediate threat to the public health, safety
and welfare, in that the approval of pawn shops and check cashing
facilities without proper regulation would result in that threat to
public health, safety or welfare. Allowing pawn shops and check
cashing facilities without proper regulation is not in keeping with
the integrity of the community. Crime rates are higher in areas
surrounding pawn shops and check cashing facilities . The image of
the City of Palm Springs as a pleasant and attractive place to
reside w9.11 be adversely affected by the presence of pawn shops and
check cashing facilities in proximity to residential uses and
public and quasi-public institutions . The location of pawn shops
and check cashing facilities on the main commercial thoroughfares
of the City would detract from the resort commercial character of
the community. Therefore, the City needs to study the proper
regulation of pawn shops and check cashing facilities, the effect
of such regulation on the economic viability on the subject
businesses and businesses in proximity to them, and the overall
effect on the integrity of the community. Reasonable regulation of
the location of pawn shops and check cashing facilities protects
the image of the community and its property values while providing
_hose who desire to patronize such businesses an opportunity to do
o in appropriate areas within the City.
SECTION 2 . DENIAL OF APPLICATION FOR PERMITS FOR PAWN SHOPS AND
CHECK CASHING FACILITIES . The City Council hereby finds that
during the time this Ordinance is in effect, (i) no new pawn shops
nor check cashing facilities shall be permitted and (ii) no
applications for pawn shops nor check cashing facilities shall be
accepted for processing or processed within any zone district, and
(iii) no permits shall be issued for any pawn shop or check cashing
facility, except that this Ordinance shall not apply within the
Central Business District (C-B-D) Zone which already prohibits the
subject- uses .
SECTION 3 . CONSISTENCY WITH 'ZONING ORDINANCE. The City Council
hereby finds that this Ordinance is consistent with the Palm
Springs Zoning Ordinance in that it promotes consistency with the
proper regulation of other uses within the community.
SECTION 4 . URGENCY. The City Council hereby declares this
Ordinance to be an urgency measure in accordance with Government
Code Section G5858 . This Ordinance shall take effect immediately
upon its adoption by at least a four-fifths (4/5) vote of the City 3f
Ord 1475
Page 2 1
Council, and shall remain in effect for forty-five (45) days from
the date of its adoption. However, the City Council , after notice
pursuant to Government Code Section 65090 and a public hearing,
may, by four-fifths (4/5) vote, extend the time this Ordivance will
be in force and effect for an additional ten (10) months and
fifteen (15) days and subsequently may extend this Ordinance for an
additional one (1) year.
SECTION 5 . SEVERABILITY. It is the intention of the City Council
that the sections, subsections, clauses and phrases of this
Ordinance are severable, and if any portion of this Ordinance is
for any reason held to be invalid or unconstitutional by a court of
competent jurisdiction, such decision shall not affect the validity
of the remainder of the Ordinance, and the City Council would have
enacted such remainder without the portion found to be invalid or
unconstitutional .
SECTION 6 . PUBLICATION. The City Clerk of the City of Palm
Springs shall certify to the passage and adoption of this
Ordinance, and shall cause the same to be posted and published in
the manner required by law.
ADOPTED this 15th day of June 1994 .
AYES : Members Hodges, Lyons, Reller-Spurgin, Schlendorf and Mayor Maryanov
NOES : None
ABSENT: None
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
j
Ct tVClerlc Mayor �—
REVIEWED & APPROVED: LL
I HEREBY CERTIFY that the foregoing Ordinance 1475 was duly adopted
by the City Council of the City of Palm Springs, California, in a meeting
held on the 15th day of June, 1994 and that same was duly published
in the DESERT SUN, a newspaper of general circulation on June 21, 1994.
C.l}UDITH SUMIC H
City Clerk