Loading...
HomeMy WebLinkAboutCC ORD 2011-2366 Moratorium Prohibiting New Pawnbroker, Secondhand and Precious Metal DealingORDINANCE NO. 2011 — 2366 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, EXTENDING FOR 10 MONTHS AND 15 DAYS 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 interests of the public as determined by the land uses allowed 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 dealings in secondhand goods in recent years. Moreover, due to the increasing value of gold and other precious metals, the market has encountered a proliferation of precious metal buying establishments. Recently, unlicensed and unpermitted precious metal 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 concerning the status of such establishments and their effect upon other communities; and WHEREAS, the City Council finds that 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 without adequate land use controls there would be a current and immediate threat to the public health, safety and welfare were the City to permit new pawnbrokers, secondhand and precious metal dealing and establishments, and that the issuance of building permits, certificates of occupancy, and other entitlements for use for such establishments would result in a threat to the public health, safety and welfare; and • WHEREAS, at their regular public meeting held on August 2, 2011, the City Council adopted, as an urgency interim ordinance, Ordinance No. 2011- 2364 enacting a moratorium for a period of 45 days on the locating of, development, or approval of new pawnshops, secondhand dealers and precious metal dealing and establishments in the City; and WHEREAS, at their regular meeting of September 6, 2011, the City Council adopted Resolution No. 2011-197, "Approving and Authorizing a Written Report Pertaining to a Moratorium Ordinance Prohibiting the Locating of, Development or Approval of New Pawnshops, Secondhand Dealers and Precious Metal Dealing and Establishments in the City"; and WHEREAS, on September 6, 2011, the City Council held a public hearing, at which oral and documentary evidence was heard, to consider adopting an urgency ordinance to extend for 10 months and 15 days the 45 day moratorium established by Ordinance No. 2011- 2364; 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 extend for an additional period of 10 months and 15 days the moratorium established by Ordinance No. 2011-2364 prohibiting the locating of, development, or approval of new pawnshops, secondhand dealers and precious dealing and establishments in the City; and WHEREAS, the City Council intends to adopt, after appropriate study, zoning measures that would apply throughout the City prohibiting or regulating new pawnshops, secondhand dealers and precious metal dealing and establishments as soon as practicable. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of National City as follows: Section 1. For a period of 10 months and 15 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 dealing and 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. 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 3. 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. --- Signature Page to Follow --- 2 Ordinance No. 2011-2366 Pawnbroker Moratorium Extension PASSED and ADOPTED this 6th day of September, 2011. ATTEST: Mich el R. Dalla, ity Clerk PROVED AS TO F dia T Sil ity Attorney h Morrison, Mayor 3 Ordinance No. 2011 — 2364 Pawnbroker Moratorium Ordinance Passed and adopted by the Council of the City of National City, California, on September 6, 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 City Cler of the Ci o National City, California By: Deputy I HEREBY CERTIFY that the foregoing ordinance was adopted on September 6, 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. 2011-2366 of the City Council of the City of National City, passed and adopted by the Council of said City on September 6, 2011. City Clerk of the City of National City, California By: Deputy