HomeMy WebLinkAbout1517 - ORDINANCES - 9/6/1995 ORDINANCE NO. 1517
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, TO ESTABLISH INTERIM LOCATIONAL
REQUIREMENTS FOR PAWN SHOPS, AND DECLARING THE
URGENCY THEREOF.
WHEREAS the Palm Springs Zoning ordinance regulates the location of '
pawn shops to certain zone districts (C-M, M-1 & M-2 Zones) and
specifically prohibits the establishment of such uses in the
Central Business District (C-B--D) Zone; and
WHEREAS the City of Palm Springs has received requests to locate
pawn shops into the Central Business District (('.!-B-D) Zone wherein
they are not now permitted; and
WHEREAS the City Council finds that the allowance of pawn shops
with proper regulation in the C-B-D Zone is necessary and
desirable.
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 in areas other than
the City's industrial zones is necessary and desirable to prevent
that threat to public health, safety or welfare. However, allowing
pawn shops without proper regulation is not in keeping with the
integrity of the community. Crime rates are higher in areas
surrounding pawn shops. 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 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 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, 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
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.
SECTION 2 . APPROVAL OF APPLICATION FOR PERMITS FOR PAWN SHOPS
WITHIN SPECIFIC ZONING DISTRICTS. The City Council hereby finds
that during the time this Ordinance is in effect, within the C-M,
M-1 and M-2 Zones (i) new pawn shops shall continue to be
permitted, (ii) applications for pawn shops shall continue to be
accepted for processing or processed, and (iii) permits shall
continue to be issued for pawn shops, by making application for,
and after approval of, a Conditional Use Permit. The City Council
furthermore finds that during the time this Ordinance is in effect,
within the C-B-D Zone (i) new pawn shops shall also be permitted, '
(ii) applications for pawn shops shall also be accepted for
processing or processed, and (iii) permits shall also be issued for
pawn shops, as principally-permitted uses subject to the following
conditions: 1) the site on which the pawn shop is located shall be
adjacent to a C-2 Zone; 2) the site on which the pawn shop is
located shall not be any closer than 4000 feet to any other
property on which a pawn shop :is located; and 3) the site is owned
by the Community Redevelopment Agency or the City of Palm Springs.
For purposes of this ordinance, "adjacent" shall mean "touching or
having a common boundary at some point, including by the extension
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of property lines across a street. " Except as permitted above,
pawn shops shall not be permitted in the City of Palm Springs
during the period this ordinance is in effect.
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 65858 .
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 6th day of September , 1995.
AYES: Members Hodges, Lyons, Reller-Spurgin and Mayor Maryanov
NOES: Member Kleindienst
ABSENT: None
' ATTEST: \ CITY OF PALM SPRINGS, CALIFORNIA
By
City Clerk Maydr
REVIEWED & APPROVED:
I HEREBY CERTIFY THAT the foregoing Ordinance 1517 was duly adopted by
the City Council of the City of Palm Springs, California, in a meeting
held on the 6th day of September, 1995; and that same was published in
the DESERT SUN a 'newspaper of general circulation on
�J JUDITH SUMICH—
City Clerk