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HomeMy WebLinkAboutCC ORD 2011-2364 Moratorium Prohibiting New Pawnbroker, Secondhand, and Precious Metal Dealing• • • ORDINANCE NO. 2011 — 2364 AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTED PURSUANT TO GOVERNMENT CODE SECTION 65858 AS AN URGENCY MEASURE TO TAKE EFFECT IMMEDIATELY, ENACTING A MORATORIUM PROHIBITING NEW PAWNBROKER, SECONDHAND, AND PRECIOUS METAL DEALING AND ESTABLISHMENTS IN NATIONAL CITY WHEREAS, the City of National City desires to promote and encourage an atmosphere of healthy and diversified businesses in harmony with the public related to the land uses within the City; and WHEREAS, the City has recently adopted a new General Plan, a component of which allows for land usage that includes pawnbrokers, secondhand and precious metal dealers and establishments within the City; and WHEREAS, since the original pawnshop establishments were approved in the 1980's, the City has seen a 200% increase in such establishments. Various existing businesses have also expanded to include the provision for such secondhand dealings in recent years. Moreover, due to the increasing value of gold, the market has encountered a proliferation of such gold buying establishments. Recently, unlicensed and unpermitted gold and other secondhand dealer establishments and vendors have erupted in record numbers; and WHEREAS, the National City Police Department has been concerned with the increase in crime related to the existence of such establishments, which includes the sale and purchase of stolen goods, and the added burden of being tasked with tracking the reporting requirements for such establishments pursuant to the regulations of the California Department of Justice, particularly in light of the decrease in law enforcement resources in the current economy; and WHEREAS, there is concern by the City Council that such establishments may have become an excessive burden and may be overly saturated in the City at this time; and WHEREAS, the City Council finds it necessary and appropriate to study and consider the current environment and the effects of existing and new pawnbrokers, secondhand and precious metal establishments, for example, to gather information as to the effect and status of such establishments upon other communities; and WHEREAS, existing land use controls may not adequately address the potential adverse effects of newly proposed pawnbrokers, secondhand and precious metal establishments in the community; and WHEREAS, the City Council finds that there would be a current and immediate threat to the public health, safety and welfare were the City to permit new establishments, and that the issuance of building permits, certificates of occupancy, and other entitlements for use by such establishments would result in a threat to the public health, safety and welfare; and WHEREAS, the City Council finds it essential to protect the health, safety and welfare of the citizens of the City of National City to enact a moratorium for a period of 45 days on the locating of, development, or approval of new pawnshops, secondhand dealers, and gold buying establishments; and WHEREAS, the City Council intends to adopt, after appropriate study, zoning measures that would apply throughout the City prohibiting or regulating new establishments as soon as practicable, and directs the Planning Commission of this City to commence studies and procedures necessary for the adoption of such prohibitions or further regulations. NOW, THEREFORE, the City Council of the City of National City does ordain as follows: Section 1. For a period of 45 days from the effective date of this Ordinance, no new building permit, certificate of occupancy nor entitlement for use shall be issued for and no new construction shall take place relating to pawnbrokers, secondhand and precious metal establishments, and no new building permit, certificate of occupancy, nor entitlement for use shall be issued for and no new construction shall take place relating to the location, development, or approval of any new establishment. Section 2. The City Council hereby directs the Planning Commission to commence studies and procedures necessary for the adoption of measures prohibiting or regulating pawnbrokers, secondhand and precious metal establishments. Section 3. This Ordinance is adopted as an urgency ordinance necessary for the immediate preservation of the public health, safety and welfare within the meaning of the Government Code, and shall take effect immediately. Section 4. If any portion of this Ordinance is found to be invalid, it is the intention of the City Council that the remaining valid provisions of the Ordinance be severed from the invalid provisions and remain in full force and effect. PASSED and ADOPTED this 2nd day of August 1. ATTEST: Michael R. Dalld, City Clerk on Morrison, Mayor 2 Ordinance No. 2011 — 2364 Pawnbroker Moratorium Ordinance Passed and adopted by the Council of the City of National City, California, on August 2, 2011, by the following vote, to -wit: Ayes: Councilmembers Morrison, Natividad, Rios, Sotelo-Solis, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California k,LrlAlff/' 111 Clerk of the City o Nati onal City, California By: Deputy I HEREBY CERTIFY that the foregoing ordinance was adopted on August 2, 2011, under the provisions of Section 65858 of the California Government Code and became effective immediately upon said adoption. I FURTHER CERTIFY THAT said ordinance was read in full prior to its final passage or that the reading of said ordinance in full was dispensed with by a vote of not less than a majority of the members elected to the Council and that there was available for the consideration of each member of the Council and the public prior to the day of its passage a written or printed copy of said ordinance. I FURTHER CERTIFY that the above and foregoing is a full, true and correct copy of ORDINANCE NO. 2011-2364 of the City Council of the City of National City, passed and adopted by the Council of said City on August 2, 2011. City Clerk of the City of National City, California By: Deputy