HomeMy WebLinkAboutCC ORD 2012-2374 Moratorium Prohibiting New Pawnbroker, Secondhand and Precious Metal Dealing and EstablishmentsORDINANCE NO. 2012 — 2374
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 ONE YEAR
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, with most of the increase
occurring between 2008 and 2011. 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 and concentrated 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, development, or approval of new
pawnshops, secondhand dealers and precious metal dealing and establishments in the City;
and
WHEREAS, at their regular public meeting held on September 6, 2011, the City
Council adopted, as an urgency interim ordinance, Ordinance No. 2011- 2366, extending the
45-day moratorium established by Ordinance No. 2011-2364 for a period of ten months and 15
days on the locating, development, or approval of new pawnshops, secondhand dealers, and
precious metal dealing and establishments in the City; and
WHEREAS, at their regular meeting of July 3, 2012, the City Council adopted
Resolution No. 2012-148, "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 National
City"; and
WHEREAS, on July 17, 2012, the City Council held a public hearing, at which
time oral and documentary evidence was heard, to consider adopting an urgency interim
ordinance to extend for one year the 10-month 15-day moratorium established by Ordinance
No. 2011-2366; 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 one year
the moratorium established by Ordinance No. 2011-2366 prohibiting the locating, 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 one year 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.
2 Ordinance No. 2012 — 2374
Pawnbroker Moratorium — One Year Extension
PASSED and ADOPTED this 17th day of July, 2012.
ATTEST:
1_);.i-glOjA))/ff&tiMichael R. Dalla, Citrk
A ' ROVED : S TO FORM:
C
a S'
City Attorney
orrison, Mayor
3 Ordinance No. 2012 — 2374
Pawnbroker Moratorium — One Year Extension
Passed and adopted by the Council of the City of National City, California, on July 17,
2012, 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 ational City, California
CI rk of the City of
By:
Deputy
I HEREBY CERTIFY that the foregoing ordinance was adopted on July 17, 2012, 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. 2012-2374 of the City Council of the City of National City, passed
and adopted by the Council of said City on July 17, 2012.
City Clerk of the City of National City, California
By:
Deputy