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HomeMy WebLinkAbout1478 - ORDINANCES - 7/20/1994 ORDINANCE NO. 1478 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, EXTENDING THE INTERIM ZONING REGULATIONS OF ORDINANCE 1475 WITH AMENDMENT TO ESTABLISH INTERIM LOCATIONAL REQUIREMENTS FOR 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; and WHEREAS the City Council, on June 15, 1994, adopted. Urgency Ordinance 1475 establishing interim regulations prohibiting the establishment and operation of pawn shops and check cashing facilities; and WHEREAS the City has prepared and issued a report describing the measures taken to alleviate the conditions which led to the adoption of the urgency ordinance, as required by Government Code Section 65858 ; and WHEREAS the City Council now wishes to extend the provisions, with amendment, of said urgency ordinance. 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 cheek cashing facilities . The image of the City of Palm Springs as a pleasant and attractive place to reside will be adversely affected by the presence of pawn shops and check cashing facilities in proximity to residential uses and public and quasi-public institutions . These detrimental effects can be exacerbated by the concentration of these types of establishments . 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 those who desire to patronize such businesses an opportunity to do so in appropriate areas within the City. Ord 1478 Page 2 SECTION 2 . APPROVAL OF APPLICATION FOR PERMITS FOR PAWN SHOPS AND CHECK CASHING FACILITIES WITHIN SPECIFIC ZONING DISTRICTS . The City Council hereby finds that during the time this Ordinance is in effect (i) new pawn shops or check cashing facilities shall be permitted, (ii) applications for pawn shops or check cashing facilities shall be accepted for processing or processed, and (iii) permits shall be issued for pawn shops or check cashing facilities, by making application for, and after approval of, a Conditional Use Permit only within the C-M, M-1 and M-2 Zones . 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 . EXTENSION OF INTERIM REGULATIONS . This Ordinance is intended to extend the interim regulations concerning the prohibition of the establishment and operation of pawn shops and check cashing facilities as established in Ordinance 1475, except as amended by Section 2 of this Ordinance. This Ordinance shall take effect immediately upon its adoption by at least a four-fifths (4/5) vote of the City Council and shall remain in effect for 10 months 15 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 a 4/5 vote extend this Ordinance for an additional year. SECTION 5 . GRANDFATHER CLAUSE. Notwithstanding anything herein to the contrary, any applicant whose application for a business license for a pawn shop was submitted on or before April 27, 1994, shall be exempt from the provisions of this Ordinance and the necessary applications shall be processed in accordance with the ordinances of the City as they existed prior to the adoption of this Ordinance. This clause shall not apply to check cashing facilities. SECTION 6 . URGENCY. The City Council hereby declares this Ordinance to be an urgency measure in accordance with Government Code Section 65858 . SECTION 7 . 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 8 . 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 20th day of July 1994 . AYES : Members Kleindienst, Lyons, Reller-Spurgin and Mayor Maryanov NOES: Member Hodges ABSENT: None ATTEST: CITY/OF PALM SPRINGS, CALIFORNIA City Cleric `r Mayon REVIEWED & APPROVED: I HEREBY CERTIFY that the foregoing Ordinance 1478 was duly ado tea Ci y Council of the City of Palm Springs, California in a meeting hed on f� Ot of July, 1994, duly publish in the DESERT SUN on July 26, 1994. JUb H SU tied